Serious violence exacted on the vulnerable victim was nothing short of an attack, Judge Kevin Phillips said sentencing a man for early morning inner-city offending against a Dunedin City Council safety officer.
Regular unprovoked violence in the area "by drunken louts like you'' was of concern and alarm to the court, the judge told Regan Wayne Bambury (23), of Dunedin, yesterday.
Bambury was before the Dunedin District Court convicted of threatening behaviour, assault and assault with intent to injure.
Imposing six months' home detention, 150 hours' community work and an order to pay $600 emotional harm reparation, the judge said if Bambury breached the sentence he would do 13 months' jail.
The fact summary said Bambury was walking in Prince St towards the Exchange about 3am on March 20, after he and a friend had been denied entry to a bar.
The victim and another DCC safety officer were walking in the same direction on the opposite side of the road.
For no reason, Bambury yelled obscenities and verbal abuse at the safety officers.
The victim told him to go home and not make trouble for himself.
To prevent any further altercation, both safety officers turned to walk the other way.
As soon as they did, Bambury crossed the road, walked directly towards them and said to the victim: "What are you going to do about it?''
Feeling threatened and thinking Bambury was going to hit him, the victim pushed him away with an open hand.
Bambury's response was: "Don't touch me or I'll smash you.''
The victim explained he was just keeping him back.
Bambury repeated that he was going to "smash'' him.
The victim told him again to go home and not get himself into trouble.
Bambury replied "What are you going to do about it?''
He then threw a punch at the victim's head.
When the victim dodged the punch, Bambury jumped towards him, put his arm around his neck and threw repeated punches at his face.
The first punch connected with his forehead, and the second struck his mouth, causing a small amount of bleeding.
Bambury threw about 12 punches in the attack which lasted about 10 seconds.
The other safety officer tried to pull Bambury off the victim.
After the victim foot-tripped Bambury, both fell.
Back on his feet, Bambury kicked the victim in the back of the head. The victim was dazed and sustained swelling to his head.
Passers-by went to assist the safety officers.
Bambury ran off but was caught and arrested.
Public defender Meg Scally said Bambury was intoxicated at the time. He was disappointed with himself and had a letter of apology for the victim.
Bambury had not been before the court for 18 months. During that time he had not consumed alcohol because of its detrimental effect on him. He had decided not to drink further.
"is partner has said it is either the alcohol or the family.''
Bambury was attending counselling and anger management. He had been in casual employment, was looking for full-time work and would be able to pay reparation at $50 a week, Ms Scally said. "He will give up smoking.''
Judge Phillips noted Bambury's list included convictions for violence. But he allowed credit for the last being in 2013 and Bambury having stayed away from violence for three years since.
Given six months' home detention for assault with intent to injure, Bambury received concurrent terms of three months for assault and one month for threatening behaviour.
He is not to possess or consume alcohol or illicit drugs and is to undergo counselling/treatment with a departmental psychologist, and for alcohol and drug use. Post-detention conditions are to run for six months from the sentence end.
The emotional harm reparation is to be paid at $50 a week by attachment order on his benefit.
