Joshua Greg Allen, 33, appeared in the Invercargill District Court yesterday after pleading guilty to one charge of injuring with reckless disregard.
In what Judge Paul Mabey KC said was an "entirely unprovoked way", the defendant punched a man in the side of his face in Queenstown on November 24 last year.
Allen had a similarly violent criminal history in Australia, including an offence that landed him in prison, the court heard.
This led to his deportation under the controversial 501 legislation.
Counsel Liam Collins described the offending as "an outburst of emotion".
He said Allen had spent seven months in custody and two months on electronically monitored bail while on remand.
During that time he missed his daughter’s first birthday.
"He realises now, at his age, enough is enough," Mr Collins said.
He said the defendant had "put his money where his mouth is" by engaging in rehabilitation and was training in the hope of gaining employment.
Crown Prosecutor Olivia Taylor said "whether that is to become a better person or simply to get a lesser sentence from your honour today is yet to be proven".
"He’s offended in the same fashion that he has in Australia," she said.
She argued a sentence of imprisonment would deter the defendant from committing further assaults. Mr Collins advocated for a community-based sentence, coupled with supervision.
"If we simply throw his past back in his face every time ... we aren’t aiding him," he said.
"The community might be better off getting him to put his muscles to good use rather than bad use."
The court heard the victim still suffered dizzy spells and headaches and had not been able to return to work since the assault.
"This offending ... is really a continuation of his past in Australia," Judge Mabey said.
He considered Allen’s substance use, gang associations and deportation.
"Not all people start equally, Mr Allen. Some people start well behind the start line and never catch up ... You are one of those people," he said.
"I think it’s only just dawning on people in this country how difficult it must be for people who have been deported."
He sentenced Allen to 300 hours’ community work and 15 months’ intensive supervision and ordered him to pay $1500 emotional harm reparation.
