An offender who knocked out a man then stomped on his head was told by the sentencing judge he was a good man who did a bad thing.
Milne had attacked the victim, Trent Soper, who was drinking at his house on February 5 this year, after Mr Soper had kicked in the door of Milne’s bedroom — waking his pregnant partner.
Mr Soper was looking for his girlfriend who had already left the party and despite being asked to wait outside while another man looked for her, entered the house twice.
In the Invercargill District Court yesterday, Judge Duncan Harvey said from the evidence before him he was satisfied Mr Soper was not making friends at the party.
"He became intoxicated and seemingly very aggressive".
Milne had become very angry when his partner had rung him to say Mr Soper had barged into her bedroom.
"You were already tired of this man and it appeared this was the last straw."
Milne then hit Mr Soper very hard on at least two occasions, knocking him out.
"By this stage you had lost all control," Judge Harvey said.
The attack continued with Milne then stomping and hitting Mr Soper in the head.
When an ambulance arrived, Mr Soper was deemed to be in a status one condition — status zero being dead, Judge Harvey said.
"He was very, very badly hurt."
Crown lawyer Mike Brownlie said one aggravating feature was the attack after the man was knocked unconscious.
"The victim was all like jelly and laying on the ground when the defendant punched and stomped on his head.
"This makes the victim particularly vulnerable.The repeated nature and continuation of that, that makes it extreme."
Defence counsel Roger Eagles said many references which had been supplied to the court showed Milne was a man of good character.
Judge Harvey said Milne had two previous convictions for violent offending.
However what made the sentencing particularly hard was under normal circumstances Milne no longer behaved in this way, had an open home policy for people who needed someone to talk to and did a great deal of good.
"After considering all of this material I am quite satisfied that there is real truth in the saying sometimes good people do bad things," Judge Harvey said.
He jailed Milne for four years and one month.
