Bradford Peter Torbett (28) appeared in the Dunedin District Court this week where small rehabilitative steps he had taken since release in late 2020 enabled him to stay in the community.
The court heard Torbett had been out of trouble since leaving prison.
He had also completed a Tikanga rehabilitation course, gained his driver’s licence and had a job opportunity in the possum-culling industry.
Torbett acknowledged it would take a while to deal with the mental health issues he faced, as well as his history.
"You were born into a gang environment with family members in the gang, so you grew up with gang values, you witnessed violence ... it became hardwired into your brain," said Judge Michael Turner.
He acknowledged there were connections between Torbett’s early life and his criminality.
On September 12, 2020, Torbett was in prison for possessing an offensive weapon and assault.
"Without provocation", he and an associate approached two other inmates and Torbett began to punch one of them.
Court documents stated he struck him 30 times to his head and body throughout the 30 second assault before he pushed him to the ground.
Torbett then moved on to the other inmate, who had tried to distance himself from the assault, punched him twice, and put him in a choker hold.
Despite Corrections officers’ spraying Torbett with pepper spray, he did not let go until they forcibly removed his arm from around the victim’s neck.
Counsel Meg Scally emphasised a prison sentence would make it harder for her client to maintain the progress he had taken.
"If he goes back into custody, because of his size and his links, he’s a lightening rod," she said.
"[Violence] is the culture within the prisons ... it is very difficult to break that habit when you’re in the environment."
Although Judge Turner acknowledged Torbett was making moves to rehabilitate, it was "worrying" he continued to deny he was the instigator.
"It shows a lack of true acceptance of your conduct."
"By the narrowest of margins" Torbett was sentenced to six and a-half months’ home detention on charges of assault with intent to injure and common assault.
