Robert James Cummings (31) was found guilty of assault with intent to injure, following a judge-alone trial last month.
Yesterday at the Dunedin District Court, Judge Kevin Phillips sentenced him to two and a-half years’ imprisonment.
It will make little difference to Cummings — he is serving a life term along with three other men after they killed Justin McFarlane in his North Otago home in September 2013.
When the judge delivered his decision last month after hearing the evidence, Cummings had to be ushered to the cells.
"I don’t give a f... I’m doing a life lag anyway," he said.
The defendant, a Mongrel Mob member, barked loudly.
Regardless, Judge Phillips commended him for his general demeanour throughout the trial.
"I compliment you on the way you handled that hearing. You did the very best you could, only losing self-control when it became clear your arguing of self-defence was not going to be upheld," he said.
CCTV footage showed Cummings and the victim — a rival gang member — speaking briefly in the exercise area at the Otago Corrections Facility before adopting a fighting stance.
After missing with a couple of punches, the defendant pinned the smaller man against a wire fence and delivered 23 punches and nine knees to the head.
The 87-second onslaught ended with nine more punches, two attempted stomps and "a flying kick".
Cummings’ phone call to a friend shortly afterwards was played at trial.
"I was just ringing to tell you I got him. I wasted him," he said.
"That’s for you, because I love you."
Cummings called three witnesses, fellow inmates, who claimed they saw the victim with a "shank" before the incident.
The defendant said he felt no choice but to prolong the attack in those circumstances.
But Judge Phillips rejected the claims of self-defence.
"In the end it was no fight as you attempt to describe it," he said.
"The situation is one where the victim was given a beating by you. It appears from what I’ve heard it was gang warfare."
Yesterday’s outcome would diminish Cummings’ chances of release.
