Two men involved in an assault in Queenstown can apply to the court to be re-sentenced if they lose their jobs because of their home detention sentences, a judge says.
Brandon Marsters (25), of Wellington, and Jacob Smith (29), of Christchurch, appeared for sentence in the Invercargill District Court on Friday on two charges of assault with intent to injure, and one charge each of injuring with intent, for an attack on three people in Queenstown on April 3 last year.
The summary of facts outlines five defendants, including Masters and Smith, attacked three men in Queenstown while out drinking.
Marsters, at different times, tackled one victim to the ground, punched him from behind and punched a second man while Smith held him in a headlock. He also punched a third man in the back of the head multiple times.
During the attack, Smith punched the first victim in the face and body, knocked him unconscious and then hit him in the head two times after he fell to the ground.
As a result of the assault, the first victim suffered multiple injuries including an injury to his nose which required reconstructive surgery. The second victim suffered bruising to his face and ribs, and the third victim had several injuries including four chipped teeth and ringing in his right ear.
Crown lawyer Olivia Taylor said reparation of nearly $5000 was sought from one of the victims for the cost of reconstructive surgery.
Marsters’ lawyer Megan Waller said under his own volition, Masters had undergone counselling for alcohol use and anger management since the incident.
He had been deemed as being a low risk of re-offending and was held in high regard by his employer, she said.
Smith’s lawyer Abbie Hollingworth said he had watched the CCTV footage of the attack and found it confronting.
He had since made a genuine effort to rehabilitate and had also been deemed as having a low risk of re-offending, she said.
Marsters and Smith had sent apology letters to the victims.
Both pre-sentence reports stipulated Marsters and Smith would retain their jobs if they were to be sentenced to home detention.
In sentencing, Judge Harvey said the attack was a serious act of "token random violence".
Judge Harvey sentenced the men to nine months’ home detention and ordered them to pay $1100 reparation.
However, he said if the pre-sentence report writers had been optimistic in saying both the men would retain their employment, both or either of the defendants could apply to the courts to be re-sentenced.
