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Killer gets extra two years on appeal

NZ NewswireNZ Newswire 9/08/2016

A repeat offender has had his non-parole period for beating a homeless man to death extended after prosecutors appealed it under the three-strikes legislation.

Justin Vance Turner will spend an extra two years behind bars, taking his sentence to a minimum 17 years for the murder of Maqbool Hussain, a homeless man, in Auckland in March 2014.

Mr Hussain was subjected to a 30 minute severe beating by Turner, who was also homeless, suffering punches, kicks and stomps to his head and neck.

His body was discovered by family members two days later.

Turner pleaded guilty to the murder, admitting he developed feelings of hatred toward Mr Hussain for urinating and vomiting in public and sleeping on the footpath.

Prosecutors appealed his original minimum 15 year sentence as manifestly inadequate for a repeat offender who had 110 prior convictions including 22 for assault.

It was a second strike under the three-strikes policy which says an offender must be sentenced to life without parole unless doing so would be manifestly unjust.

The Court of Appeal on Wednesday determined the original sentencing judge was correct in identifying that life without parole would be unjust, but increased the sentencing court's fixed period by two years.

An appeal against the 13-year non-parole period for another man, Mongrel Mob member Shane Pierre Harrison, for the Petone gang murder of a man known only as EE in 2013, was rejected.

The court found the non-parole period was suitable despite the murder also being a second strike for Harrison.

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