Two Mexican kitchen-hands were yesterday sentenced to community work by Judge Mary O'Dwyer in the Queenstown District Court.
The sentence came after another judge advised at their conviction last month they could be facing a prison sentence for their offence.
Mario Becerra Malo (19) had in March admitted injuring David Dorset with intent and assaulting Tony Wild, while Luis Daniel Rivera-Caro (19) had admitted injuring Mr Dorset with intent, in a case of serious assault in Queenstown on January 31.
Both the defendants had been at Fergburger at 4.15am, where Mr Wild had asked staff how much longer his meal would be.
Malo heard this and entered into an argument with him.
Mr Wild and Mr Dorset received their meals and walked towards a taxi stand on Camp St.
While Mr Dorset stopped at an ATM to withdraw cash, Mr Wild walked across the road to the Village Green to eat his meal.
Malo had approached Mr Dorset and "without warning" punched him several times with a closed fist to the face and head.
Rivera-Caro joined in and also punched Mr Dorset.
When Mr Dorset fell to the ground, both defendants kicked him before they both ran away.
Mr Wild then chased Malo down a lane, where Malo waited for him and then kicked him to the ground.
Mr Wild tried to hold Malo until police were called.
The court heard Mr Dorset had received broken tooth crowns, a bleeding nose, two black eyes, abrasions and bruising to the head and body, and was taken by ambulance to Lakes District Hospital.
Malo and Rivera-Caro were caught on security camera and images released to the media.
The men turned themselves in to police on February 5.
The two defendants are in Queenstown on a working holiday, and had planned to leave New Zealand late last month, as they were both due to start university in their homeland.
Judge O'Dwyer stressed the seriousness of the offence, but said she took their young age and previous clean criminal records into account.
She said Mr Dorset was not the only victim of their offence.
"He is the direct victim of the assault, but your families are the indirect victims.
Your families have supported your travel, no doubt for you to gain maturity and experience, but you have disrespected your host country.
"You have a good background, and a promising life ahead of you.
"So I will treat this as being out of character.
"To your credit, you gave yourself up to the police," Judge O'Dwyer said.
Rivera-Caro was sentenced to 200 hours' community work, $750 emotional harm reparation and $284 in medical costs.
Malo was also sentenced to 200 hours' community work, but $500 as emotional harm reparation along with $284 in medical costs for the injury of Mr Dorset, and a further $250 as emotional harm reparation for the assault on Mr Wild.
After the sentencing Rivera-Caro's defence counsel Maxine Knowler spoke on behalf of Rivera-Caro's family:"The family is very relieved to hear he received a community work sentence rather than imprisonment," Ms Knowler said.
