The court heard that the young pair had a positive, well-supported background, which included a Year 13 education.
Judge Kim Saunders noted that it was their “voluntary consumption of alcohol and drugs that has led them to where they are now”.
‘Knives held to throats as threats made’
It was unclear exactly how many people stormed the house that early morning.
Court documents stated four plus a “number of other associates”, but all were wearing balaclavas and had large knives or machetes.
Two victims were sleeping, but three were awake and spotted the group outside.
The brothers were sentenced in the Hamilton District Court.
One opened the door to see what was going on, and the group forced their way inside, pushing one victim up against a wall, before immediately demanding their possessions and stabbing holes in the walls near their heads.
The three were herded into the living room at knifepoint, while those who were asleep were woken and also herded into the lounge.
As a show of force and intimidation, the robbers held knives to the victims’ throats, while two were kicked and punched, as threats were screamed at them.
Two days later, police searched a nearby house from which three of the stolen phones were transmitting, and found the McBride brothers.
Reparation totalling $24,000 was sought to not only cover the stolen property, but also medical and counselling fees, lost income, and repairs to the rented house.
A ‘poor choice’
Russell Boot, counsel for Khysus-Manaki, said the pair made “full and frank” confessions about their involvement and assisted police in their investigation.
He submitted that they should receive credit for that.
There was a delay entering pleas due to each facing the six serious charges, but in the end, they pleaded guilty.
He said the brothers had strong whānau support.
“It must be bitterly disappointing for the family to see both boys here today because I’m sure that was not the path that they should have ended up on,” Judge Saunders replied.
Boot agreed, saying the boys had grown up well-supported, but then they’ve “made this poor choice”.
“That has led them to this position where they are, and it’s difficult to marry up.”
Both boys also attended restorative justice with one of the victims.
Judge Kim Saunders said it was “easy to forget the sheer terror that was inflicted on the victims” that night.
Boot said his suggested seven-year jail starting point reflected that.
Counsel Jarom Keung, in pushing for a total 50% in discounts, said the only differentiation between the pair was that Noble-Qeyztyn was a young dad, with another on the way, and that any prison term would affect not only his client, but also his whānau.
He had also offered to pay his $6500 share of reparation.
‘Instilled absolute fear’
Judge Saunders said the victim impact statements “make for compelling reading”.
“There’s a theme running through the effects on them, and money is the least of it,” she said.
“The psychological and emotional trauma that has continued to affect their everyday life, they don’t feel safe and relive it.”
One victim said they were made to pay for the damage that the offenders had caused, while another thought “he was about to be murdered”.
“You held all five in the lounge, and you instilled absolute fear … stabbing holes in the walls, and actual violence was inflicted.”
In sentencing them, the judge did not order reparation.
“While you, Noble, agreed to pay reparation, I’m not going to make an order for it, and the reason I’m not going to is because you are going to be sent to prison.
“You both know that.
“That’s going to be hard enough as it is, and it’s going to take a great deal of strength … not to fall victim to any of the pressure that comes with being in jail, and that you can both walk out of there knowing that you can make fresh starts.”
Judge Saunders took a starting point of seven and a half years’ imprisonment for their roles, before allowing 60% in discounts, for pleas, youth, remorse and restorative justice.
The end sentence was one of three years.
Belinda Feek is an Open Justice reporter based in Waikato. She has worked at NZME for 10 years and has been a journalist for 21.