Benjamin Gabriel during an earlier appearance in the High Court at Auckland, charged with the murder of Samuel Curle. He was later acquitted on that charge and found guilty of manslaughter. Photo / Michael Craig
“They have suffered the agony of losing a loved member of their family who was senselessly beaten to death for doing no more than wearing a Head Hunters sweatshirt.
“That should never have happened,” Justice Lang said.
Beaten over a hoodie
Gabriel and Makoare, both patched members of the Head Hunters motorcycle gang, were found guilty by a jury of manslaughter, having been acquitted on a charge of murder.
Justice Lang said Curle was beaten because he wore a hoodie bearing the gang’s insignia when he arrived at an address and used “standover tactics” in an effort to get drugs from people there.
“You considered this to be an affront or insult to the gang,” the judge said.
Gabriel and Makoare were among five people initially charged with murder.
At the end of the Crown case, Justice Lang discharged the three co-defendants and directed the jury to consider only the lesser charge of manslaughter against Gabriel and Makoare.
On the morning of November 5, 2023, Gabriel left his home in Whangārei for the gang’s clubhouse in West Auckland to carry out rostered guard duties.
He received a message about Curle, nicknamed “Samdog”, and whether he was a patched member of the gang because he had arrived at an address wearing the hoodie and trying to get drugs.
Gabriel contacted Makoare, who began making his own inquiries as to how Curle had got the hoodie.
During the evening of November 5, the pair were in a telephone conversation with “Samdog”, then discovered to be Curle, who was told to return the sweatshirt to the owner.
Makoare sent a text message to that person, telling him that the hoodie was going to be returned to his address and that, when it was, he should “grab” the person who returned it.
About 10.30pm, Makoare received information about where “Samdog” could be found and told Gabriel, who then asked Makoare to go with him to pick up or retrieve the hoodie.
“You both also wanted to find out how ‘Samdog’ had come into possession of it,” Justice Lang said.
A short time later, they travelled in two vehicles to the address where they believed “Samdog” was staying, accompanied by the three others, who were later discharged.
When they arrived, all five went to the front door and one asked the female occupant for “Sam” to come to the door.
Curle came to the door and was immediately punched in the face by Gabriel.
Curle was left sitting upright on the floor. Gabriel then “forcefully kicked” him, which knocked him flat on his back.
At that point, Makoare joined an attack that lasted about 20 seconds until one of the five intervened and told them both to stop.
Justice Lang said the group was at the address only a matter of minutes before they left to return to their respective homes.
Unconscious and making ‘snoring’ noises
Curle suffered serious head injuries in the attack. Others at the address enlisted help to get him medical assistance, but he died later in hospital, Justice Lang said.
Makoare said in evidence that he never gave any thought to whether his actions could lead to Curle’s death.
“You acknowledged that Mr Curle was unconscious and making snoring noises when the attack ended,” the judge said.
“However, you said that you believed that he would wake up feeling a bit groggy and would then be fine.”
The pair were each sentenced to more than six years in prison when they appeared in the High Court at Auckland. Photo / Jason Oxenham
Makoare had denied being party to any plan to commit serious violence on Curle.
Instead, he claimed to have gone to the address to retrieve the sweatshirt and talk to “Samdog” about where he had got it.
“It is noteworthy, however, that you conceded in cross-examination that you intended to beat him ‘maybe a little bit, but not seriously harm him’,” Justice Lang said.
History of violence
In establishing a sentencing outcome, the judge said each defendant had “reasonably extensive” criminal records, which included convictions for violence.
Much of it related to family violence and was not gang-related.
At the time of the attack on Curle, Makoare was still on a sentence of intensive supervision for offending that included common assault.
The pair had offered to plead guilty to a charge of manslaughter, but the matter went to trial when the Crown did not accept the offers.
Justice Lang said the circumstances of the offending meant that it was appropriate for a jury, and not the Crown, to determine where their culpability lay.
However, they were entitled to credit for accepting responsibility for the type of offending for which they were ultimately convicted.
Justice Lang accepted that each was genuinely remorseful for their offending.
He said in sentencing Gabriel to six years and three months’ imprisonment that his offending was driven largely by his “staunch support” for the Head Hunters gang.
Makoare, also a long-term committed patched member, was sentenced to six years and six months’ imprisonment.
Tracy Neal is a Nelson-based Open Justice reporter at NZME. She was previously RNZ’s regional reporter in Nelson-Marlborough and has covered general news, including court and local government, for the Nelson Mail.