Joshua Te Irimana Whittle and his five co-defendants were sentenced before the Dunedin District Court in March, a hearing which took almost an entire day to complete.
Four of the men got home detention but Judge David Robinson dealt with Mr Whittle differently, primarily because he admitted assault with a weapon alongside the charge of wounding with intent to injure that they all faced.
He opted not to convert the 22-month prison term to home detention because the incident, involving young people engaging in alcohol-fuelled violence, required particular deterrence and denunciation, he said.
Just weeks later, Mr Whittle’s appeal was heard before Justice Cameron Mander in the High Court at Dunedin.
"This was a cowardly and gratuitous assault perpetrated by multiple assailants that has had enduring physical and psychological consequences for [the victim].
"The alcohol-fuelled pack mentality of the offenders is to be condemned and the public is entitled to be protected from such street violence," he said.
But he noted that after completing a business-management course in Dunedin, Mr Whittle had returned to Whanganui on bail, where he had been working full time at a freezing works.
Before being locked up he had engaged in alcohol counselling and his parents were described as "dedicated and upstanding" members of the community.
"Given Mr Whittle’s age and the fact he presented effectively as a first offender, a sentence of imprisonment has the potential to be disproportionately severe," Justice Mander said.
In a judgement released this week, he granted the appeal and imposed nine and a-half months’ home detention.
At sentencing, the court heard how the defendants were walking to a party at an address in Leith St, taking a shortcut through a gap in a fence.
They met the victim and the altercation was captured on CCTV.
The man was surrounded, knocked to the ground and the group punched, kicked and stomped him more than 70 times.
Mr Whittle broke away from the melee momentarily to retrieve a bottle.
"[He] appeared to pause before striking his victim, as if awaiting the right moment to inflict the blow," Justice Mander said.
"[The victim] was already subject to a sustained assault from all angles by a group of five other men and was on the ground with no ability to take defensive action.
"Mr Whittle effectively exploited his victim’s vulnerable position to take the opportunity to inflict further harm."
The man sustained concussion, grazes and cuts to his body, head and face, a large wound to his back and a split left ear.
The court heard he had to cut short his university study and had been diagnosed with PTSD, as well as suffering headaches, vision loss, fatigue, reduced concentration, memory loss and mood swings.
"There are strong indications ... to indicate Mr Whittle could be kept in the community without any material risk to its safety," Justice Mander concluded.
