A young man with previously undiagnosed Fetal Alcohol Spectrum Disorder (FASD) and an intellectual disability “fell through the cracks” in prison and went on to shank four people while inside two Auckland jails.

Sione Tupoumalohi, 29, first spent time inside an adult jail as a 13-year-old in Tonga. Once returning to New Zealand, he has not spent more than a year outside since he was 15, his lawyer told the court on Wednesday.

While a neuropsychologist’s report in 2011 indicated he may have FASD, it went undiagnosed until September of this year. He also has probable ADHD, a traumatic brain injury and an intellectual disability. All these meant he finds it extremely hard to stop and think before acting out, the court heard.

On Wednesday, Tupoumalohi was sentenced to six years imprisonment after he previously admitted four charges of wounding with intent to cause grievous bodily harm. Justice Rebecca Edwards said this has to be served on top of the nine year sentence he’s already serving for previous offending.

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The judge said the sentence shouldn’t be crushing given the positive steps he’s made to reform himself, but a sentence of six years was also the best way to protect the community.

“Hope needs to be kept alive,” Justice Edwards said.

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Three of the shankings happened inside Paremorermo Prison.David White / Stuff

Justice Edwards said Tupoumalohi’s disabilities mean he finds it extremely hard to stop and think before acting.

“Other people influence you to do bad things and you go along with them.”

Tupoumalohi was an inmate at Mt Eden prison in June 2021 and in the prison yard with five others. Two inmates agreed to fight one another before others joined in. Tupoumalohi joined in and stabbed the victim 14 times with a shank. The inmate was hospitalised with a collapsed lung, swelling to the brain and several puncture wounds.

About six months later, Tupoumalohi was inside Auckland’s maximum security prison, Paremoremo. Tupoumalohi was sitting next to a fellow inmate when another prisoner came up and kicked the victim in the face. Tupoumalohi joined in and then pulled a shank and stabbed him 33 times to the head and body.

Just over a month later, in January 2022, another prisoner punched a fellow inmate in the exercise yard and again Tupoumalohi removed a hidden shank and stabbed the victim 30 times to the head, neck and body.

Emma Priest acted on behalf of the defendant.RICKY WILSON / Stuff

The final attack was in April 2022. Another inmate punched a fellow prisoner before Tupoumalohi used a shank to stab the victim in upper part of his body many times.

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Justice Edwards said these attacks were very violent and it was lucky someone wasn’t permanently injured. She acknowledged the victims in this case.

The judge said Tupoumalohi didn’t initiate the attacks and could have been carrying a shank for protection in prison.

Prosecutor Henry Steele began his submissions acknowledging this was an incredibly sad case.

“Not only because of the objective seriousness of the offending and the obvious and extreme harm Mr Tupoumalohi has caused, but also the desperation of his personal circumstances...this man had been in the criminal justice system as long as he has effectively undiagnosed and untreated.”

But, Steele said on each occasion Tupoumalohi has used a shank to attack a fellow prisoner while in prison for previous serious offending.

Henry Steel accepted there was a link between Sione Tupoumalohi’s background, FASD and the offending.Chris McKeen/Stuff

The prosecutor nominated a starting point of 16 year but accepted there were discounts available given the defendant’s circumstances and how he went undiagnosed for so long.

Steele said while Tupoumalohi didn’t initiate the attacks, he did have a weapon on him.

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Tupoumalohi’s lawyer, Emma Priest, said it was important to recognise the prison environment where men who effectively “caged” and “trapped” with other very dangerous men.

Priest said she didn’t want to say violence inside prison is somewhat expected, but there are factors in that environment that heightens fear.

Tupoumalohi’s lawyer said that sadly there was some very real indications in 2011 that her client had FASD, but he’s “fallen through the cracks” since that time and largely spent time in prison without any assistance or support.

Priest said there was a clear link between Tupoumalohi’s brain function and the offending which both the prosecutor and judge accepted. This resulted in a less culpability for the attacks, she said.

“Very sadly she [the neuropsychologist in 2011] made a number of significant recommendations and predicted where we are today if those recommendations weren’t followed.”

Priest said there had been obvious failings throughout the justice system for her client, but he had now begun to turnaround and there was some “real hope”.

The first shanking happened inside Mt Eden prison.Abigail Dougherty / STUFF

In the last two years he’s had exemplary behaviour in prison and despite being in segregation, his traumatic brain injury has started to heal.

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Priest said there should be an end finite sentence of five years for her client and during that time he can have access to rehabilitation.

Justice Edwards said Tupoumalohi’s background made for “very sad reading”.

“You were not safe as a child at home, you were neglected and abused. Violence surrounded you from a very young age.”

She said violence is all he’s ever known.

But in the last couple of years there’s been a turnaround with a prison officer saying working with Tupoumalohi is the highlight of their career due to the progress he’s made.

Tupoumalohi is working with a psychologist and wants to engage in treatment, Justice Edwards said this was very hopeful.

He was supported at the sentencing with his partner, her mother and the neuropsychologist and FASD specialist, Dr Valerie McGinn.

As he was led away back to prison he thanked McGinn.