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Otago Daily Times
15-06-2025
- Otago Daily Times
Teen behind hit-and-run death to be deported
The "inhumane" and "cruel" actions of a young Kiwi who killed a motorcyclist in a fiery hit-and-run have raised concerns for Australian officials and resulted in him being exiled from the country. The New Zealand-born man was 17 when he failed to give way at a Melbourne intersection in a stolen BMW he was driving and collided with a motorcycle. The bike and its rider, Keith Stevens, became trapped under the vehicle but the then-teenager continued to drive, dragging them for 85m. The friction caused the motorcycle to burst into flames, engulfing Stevens and causing burns to 80% of his body. When the driver, who had lived in Australia since he was 1, finally stopped, he reversed off the motorcycle and Stevens then drove off at speed, leaving the 33-year-old father for dead. Australian media reported the teen only paused to dislodge Stevens when his three teenage passengers begged him to do so. Stevens died in hospital the next day after his life support was turned off. Inhumane and cowardly After the November 2017 fatal crash in Mitcham, Melbourne, the car driver, who has not been named because of Australian laws around reporting youth offender matters, was sentenced in the County Court of Victoria to six years' imprisonment, with a minimum non-parole period of four years. In sentencing him, Judge Irene Lawson was brought to tears and needed a moment to compose herself when describing the void left by Stevens' death, according to Australian media. She described the actions of the teenager as inhumane and cowardly. As a result of his offending, his visa was cancelled in 2020 under section 501 of Australia's Migration Act. His plea to have that decision revoked was declined and he then applied to the Administrative Review Tribunal of Australia for a review. The review hearing for the now 25-year-old, who is currently detained in immigration detention, was held last month. Frequent and repeated youth offending According to the decision, he moved to Australia as a 1-year-old with his family in 2001. It stated he had a "difficult upbringing" that had, in part, influenced his offending. He began smoking marijuana at 12, drinking alcohol around 14 and progressed to methamphetamine use at 16. The decision reported he had displayed "anti-social behaviours" that had manifested into violence since he was young. His conviction history showed frequent and repeated offending and that he was on youth parole for offences including burglary when he fatally hit Stevens. Immediately after that collision, the teen ditched the stolen BMW and he and his associates ran up an embankment and jumped over a fence into a property. They tried to kick down a door at the house but a female resident threw her weight against it so they couldn't get in. They gave up but moved on to another home in the street, breaking in and stealing a car, a cellphone and a wallet. That car was later found abandoned and destroyed by fire. At his sentencing, the court heard the teen was egocentric, addicted to meth and had limited capacity for remorse at the time. Australian media reported that he had called a friend in juvenile detention after the crash and said: "Even after the accident, bro, I didn't feel anything. Like, I didn't feel no pain, no emotions about it." His friend then asked him if he cared about the life he had taken. "Yeah, bro, I f***in' murdered a f***in' innocent 33-year-old man," he responded. At the recent appeal, he told the tribunal he had not been remorseful for killing Stevens at the time but now accepted full responsibility and made no attempt to excuse his behaviour or to attribute blame to anyone else. The tribunal accepted that he had matured and was truly remorseful. 'Grave fears' if deported The man attributed several factors to his youth offending, including parental neglect, poor mental health, anti-social peers and drug use, including meth, cannabis and ecstasy. He has family support, is currently abstinent from drugs and alcohol, and has completed some educational and rehabilitative programmes while locked up. But his mental health and emotional and psychological issues have not been professionally addressed and he remains a risk of reoffending. In his plea to remain in Australia, the man said he had no family support in New Zealand and was unfamiliar with the country. His mother had "grave fears" that if deported, and without his Australian support network, he would fall into gang life and drugs and be at risk of serious physical, emotional and mental harm. The tribunal accepted that, because of being incarcerated since he was a teen, he has no experience as an adult in the community and would face difficulties in adjusting to life in New Zealand without family support. But the decision stated he was not unfamiliar with New Zealand, as movement records showed he had travelled to New Zealand 15 times during 2001 and 2015, and had a relative in Wellington. While the tribunal accepted the man has strong and enduring ties to Australia, they were diminished by his extensive criminal record and his "very limited" positive contribution to the community. In declining to revoke the cancellation of the man's visa, the tribunal stated the nature of the offending had raised serious character concerns about the man. "The nature of the applicant's offending and the harm that would result if it were repeated are so serious that the countervailing considerations are insufficient to outweigh considerations of the protection of the Australian community and the expectations of the Australian community so as to justify revoking the cancellation of the applicant's visa." - Tara Shaskey, Open Justice reporter
Otago Daily Times
15-06-2025
- Otago Daily Times
Teen behind 'inhumane' hit-and-run death to be deported to NZ
The "inhumane" and "cruel" actions of a young Kiwi who killed a motorcyclist in a fiery hit-and-run have raised concerns for Australian officials and resulted in him being exiled from the country. The New Zealand-born man was 17 when he failed to give way at a Melbourne intersection in a stolen BMW he was driving and collided with a motorcycle. The bike and its rider, Keith Stevens, became trapped under the vehicle but the then-teenager continued to drive, dragging them for 85m. The friction caused the motorcycle to burst into flames, engulfing Stevens and causing burns to 80% of his body. When the driver, who had lived in Australia since he was 1, finally stopped, he reversed off the motorcycle and Stevens then drove off at speed, leaving the 33-year-old father for dead. Australian media reported the teen only paused to dislodge Stevens when his three teenage passengers begged him to do so. Stevens died in hospital the next day after his life support was turned off. Inhumane and cowardly After the November 2017 fatal crash in Mitcham, Melbourne, the car driver, who has not been named because of Australian laws around reporting youth offender matters, was sentenced in the County Court of Victoria to six years' imprisonment, with a minimum non-parole period of four years. In sentencing him, Judge Irene Lawson was brought to tears and needed a moment to compose herself when describing the void left by Stevens' death, according to Australian media. She described the actions of the teenager as inhumane and cowardly. As a result of his offending, his visa was cancelled in 2020 under section 501 of Australia's Migration Act. His plea to have that decision revoked was declined and he then applied to the Administrative Review Tribunal of Australia for a review. The review hearing for the now 25-year-old, who is currently detained in immigration detention, was held last month. Frequent and repeated youth offending According to the decision, he moved to Australia as a 1-year-old with his family in 2001. It stated he had a "difficult upbringing" that had, in part, influenced his offending. He began smoking marijuana at 12, drinking alcohol around 14 and progressed to methamphetamine use at 16. The decision reported he had displayed "anti-social behaviours" that had manifested into violence since he was young. His conviction history showed frequent and repeated offending and that he was on youth parole for offences including burglary when he fatally hit Stevens. Immediately after that collision, the teen ditched the stolen BMW and he and his associates ran up an embankment and jumped over a fence into a property. They tried to kick down a door at the house but a female resident threw her weight against it so they couldn't get in. They gave up but moved on to another home in the street, breaking in and stealing a car, a cellphone and a wallet. That car was later found abandoned and destroyed by fire. At his sentencing, the court heard the teen was egocentric, addicted to meth and had limited capacity for remorse at the time. Australian media reported that he had called a friend in juvenile detention after the crash and said: "Even after the accident, bro, I didn't feel anything. Like, I didn't feel no pain, no emotions about it." His friend then asked him if he cared about the life he had taken. "Yeah, bro, I f***in' murdered a f***in' innocent 33-year-old man," he responded. At the recent appeal, he told the tribunal he had not been remorseful for killing Stevens at the time but now accepted full responsibility and made no attempt to excuse his behaviour or to attribute blame to anyone else. The tribunal accepted that he had matured and was truly remorseful. 'Grave fears' if deported The man attributed several factors to his youth offending, including parental neglect, poor mental health, anti-social peers and drug use, including meth, cannabis and ecstasy. He has family support, is currently abstinent from drugs and alcohol, and has completed some educational and rehabilitative programmes while locked up. But his mental health and emotional and psychological issues have not been professionally addressed and he remains a risk of reoffending. In his plea to remain in Australia, the man said he had no family support in New Zealand and was unfamiliar with the country. His mother had "grave fears" that if deported, and without his Australian support network, he would fall into gang life and drugs and be at risk of serious physical, emotional and mental harm. The tribunal accepted that, because of being incarcerated since he was a teen, he has no experience as an adult in the community and would face difficulties in adjusting to life in New Zealand without family support. But the decision stated he was not unfamiliar with New Zealand, as movement records showed he had travelled to New Zealand 15 times during 2001 and 2015, and had a relative in Wellington. While the tribunal accepted the man has strong and enduring ties to Australia, they were diminished by his extensive criminal record and his "very limited" positive contribution to the community. In declining to revoke the cancellation of the man's visa, the tribunal stated the nature of the offending had raised serious character concerns about the man. "The nature of the applicant's offending and the harm that would result if it were repeated are so serious that the countervailing considerations are insufficient to outweigh considerations of the protection of the Australian community and the expectations of the Australian community so as to justify revoking the cancellation of the applicant's visa." - Tara Shaskey, Open Justice reporter
Otago Daily Times
23-05-2025
- Otago Daily Times
Kiwi rapist avoids 501 deportation
Warning: This story includes content some readers may find disturbing. A New Zealand-born man who raped a drunk 15-year-old in Australia has avoided deportation so he can care for family members. Hoane Joseph Kahu was 20 when, in 2005, he saw the teen walking by herself in Gladstone, Queensland. He pulled the heavily intoxicated girl by her hair and raped her. The teen went on to share how the sex attack changed her life, saying she was once an outgoing and social person, but afterwards, she was scared to go out and rarely socialised. In 2006, Kahu was convicted of three counts of rape, all relating to the teen, and sentenced to eight-and-a-half-years' imprisonment. Three years later, he was warned by Australian authorities that they were considering cancelling his visa due to his criminal record. However, in 2010, he was released from prison on parole and told that his visa would not be cancelled, but further offending could change that. Kahu did not start reoffending until 2020 and was jailed in late 2023 on drugs and dishonesty charges. Then last year, he was told his visa had been cancelled. Under Australia's Migration Act, foreigners who serve more than 12 months in prison become liable for deportation. The deportees are colloquially known as 501s, named after the section of the act that allows it. Kahu unsuccessfully sought revocation of the cancellation decision before appealing to the Administrative Review Tribunal of Australia. Last week, the tribunal released its "finely balanced" judgment, which set aside the decision to cancel his visa, allowing him to remain in Australia, where he has lived since he was four years old. According to the judgment, Kahu has a criminal history dating back to 2003 and includes stealing, breaching probation, home invasion and unlawfully operating a motor vehicle. His most serious offending was the 2005 rape of the teen. Kahu claimed at the time he did not realise his victim had not given consent and had taken her lack of resistance as permission. Now, he appreciates the harm he caused and that he had potentially ruined her life, he told the tribunal. According to the judgment, Kahu began using methamphetamine in 2018 and his use of the drug gradually escalated. Following the loss of his rental accommodation in 2020, he was using it every day. He started reoffending that year and went on to be convicted of a raft of offences, including stealing, fraud, drug possession and drug driving. There were also domestic violence-related incidents involving a former partner, including one where he dragged the woman by her hair and grabbed her by the neck. 'This is a very finely balanced decision' In his appeal to the tribunal, Kahu said he was now in a stable relationship and looked after his severely disabled brother as well as his unwell mother, and his partner, who is paralysed as a result of a serious motorcycle accident. Kahu's partner gave evidence that he was a hard worker, humble, honest and forthcoming. His mother acknowledged that her son had made mistakes, but said he had accepted responsibility for them and had consistently shown a deep dedication to his ongoing personal growth. Multiple other family members, employers and community members testified to Kahu's good character and standing in the community. The tribunal acknowledged Kahu had a wide network of family and friends in Australia and had lived there almost his entire life. By contrast, he has only a few family members in New Zealand. It found that deporting Kahu would have a major effect on that family, particularly his brother, mother and partner. "He would arrive in New Zealand without having existing social or family support. He will likely experience stress and social isolation as he sets about establishing himself in New Zealand," the judgment said. "[Kahu] has lived almost his entire life in Australia. He has strong ties to his family, and the interests of his mother and severely disabled brother are best served by revocation [of the cancellation of his visa]. "This is a very finely balanced decision." - By Jeremy Wilkinson Open Justice reporter
NZ Herald
22-05-2025
- NZ Herald
Kiwi rapist Hoane Kahu avoids 501 deportation from Australia
In 2006, Kahu was convicted of three counts of rape, all relating to the teen, and sentenced to eight-and-a-half years' imprisonment. Three years later, he was warned by Australian authorities that they were considering cancelling his visa due to his criminal record. However, in 2010, he was released from prison on parole and told that his visa would not be cancelled, but further offending could change that. Kahu did not start reoffending until 2020, and was jailed in late 2023 on drugs and dishonesty charges. Then last year, he was told his visa had been cancelled. Under Australia's Migration Act, foreigners who serve more than 12 months in prison become liable for deportation. The deportees are colloquially known as 501s, named after the section of the act that allows it. Kahu unsuccessfully sought revocation of the cancellation decision before appealing to the Administrative Review Tribunal of Australia. Last week, the tribunal released its 'finely balanced' judgment, which set aside the decision to cancel his visa, allowing him to remain in Australia, where he has lived since he was 4 years old. According to the judgment, Kahu has a criminal history dating back to 2003, and includes stealing, breaching probation, home invasion and unlawfully operating a motor vehicle. His most serious offending was the 2005 rape of the teen. Kahu claimed at the time he did not realise his victim had not given consent and had taken her lack of resistance as permission. Now, he appreciates the harm he caused and that he had potentially ruined her life, he told the tribunal. According to the judgment, Kahu began using methamphetamine in 2018 and his use of the drug gradually escalated. Following the loss of his rental accommodation in 2020, he was using it every day. He started reoffending that year, and went on to be convicted of a raft of offences, including stealing, fraud, drug possession and drug-driving. There were also domestic violence-related incidents involving a former partner, including one where he dragged the woman by her hair and grabbed her by the neck. 'This is a very finely balanced decision' In his appeal to the tribunal, Kahu said he was now in a stable relationship, and looked after his severely disabled brother as well as his unwell mother, and his partner, who is paralysed as a result of a serious motorcycle accident. Kahu's partner gave evidence that he was a hard worker, humble, honest and forthcoming. His mother acknowledged that her son had made mistakes, but said he had accepted responsibility for them and had consistently shown a deep dedication to his ongoing personal growth. Multiple other family members, employers and community members testified to Kahu's good character and standing in the community. The tribunal acknowledged Kahu had a wide network of family and friends in Australia, and had lived there almost his entire life. By contrast, he has only a few family members in New Zealand. It found that deporting Kahu would have a major effect on that family, particularly his brother, mother and partner. 'He would arrive in New Zealand without having existing social or family support. He will likely experience stress and social isolation as he sets about establishing himself in New Zealand,' the judgment said. '[Kahu] has lived almost his entire life in Australia. He has strong ties to his family, and the interests of his mother and severely disabled brother are best served by revocation [of the cancellation of his visa]. 'This is a very finely balanced decision.'
NZ Herald
18-05-2025
- NZ Herald
Woman who planned armed robbery avoids 501 deportation from Australia, partly due to children
The Administrative Review Tribunal of Australia was told that the woman, who was born in New Zealand, was a ward of state before she was a year old, but was returned to her violent and alcoholic father at the age of 5. At the age of 7, she was sexually abused by a person known to the family. The woman, whose name is suppressed, moved to Australia with her first partner and their three children in 2006 and has not returned to New Zealand. Her three oldest children are now adults and live independently. When the couple separated, the woman began a relationship with another man, who had gang ties and who has since died. With that partner, the woman had children who are currently aged 11, 9 and 7 and were placed in the care of a grandparent when she was charged with the robbery. 'Horrific' domestic violence The tribunal was told the woman experienced 'horrific' domestic violence from her second partner, and that she and the children were homeless at times. When she was sentenced, the court was told the woman had PTSD from her childhood abuse and the violence in her relationships. She also had symptoms of depression and anxiety, and her drug abuse was partly to numb memories of past trauma, emotional disconnection, feelings of hopelessness, sleep disturbance, difficulty concentrating, irritability and 'reckless and self-destructive behaviour'. In 2019, the woman helped a co-offender plan an armed robbery at her former workplace. She allowed the co-offender to use her car to drive to the place being robbed, and shared in the financial proceeds. The woman was not directly involved in the execution of the crime itself, but the tribunal said it was satisfied it was a 'serious armed robbery'. It involved a forced entry, use of a firearm or imitation firearm, and direct confrontation with two staff members. However, the tribunal said the woman had no criminal history, and did not reoffend during the four years she was on bail before being sent to prison. The tribunal also accepted that the woman had undergone 'intense' rehabilitation to address her mental health and addiction issues involving methamphetamine and cannabis. 'The tribunal accepts the evidence of the applicant that she has overcome her drug addiction and is committed to remaining drug-free,' tribunal senior member Margaret Bourke said. Bourke said that deportation would cause 'hardship and emotional harm' to all of the woman's children, not just the three who were still minors and Australian citizens. The younger children have visited the woman fortnightly while she has been in prison. 'The tribunal accepts that the three children love and miss their mother ... when the applicant is able, and has proven she is capable, they plan that the three children will live with her again,' Bourke said. The woman also feared if she was sent back to New Zealand, she would be harmed by her co-offender in the robbery, who has already been deported, and members of the gang with which her second partner was affiliated. The tribunal found the woman failed the 'character test' under Section 501 of the Australian Migration Act - the legal provision that gave its name to the thousands of New Zealanders who have been deported, who are known as '501s'. However, Bourke found the combined weight of the younger children's interests, along with the strength and nature of the woman's ties to Australia, weighed in favour of revoking the cancellation of her visa. 'The tribunal has assessed that the applicant has strong family and social ties to the Australian community and there are three minor children whose best interests would be affected by the decision to cancel the applicant's visa,' the decision said.
