Violent street attack leads to prison term

"People should be able to enjoy inner city Dunedin without fear of violence," Judge Paul Kellar said when jailing a young man for sentence in the Dunedin District Court.

Gratuitous unprovoked violence needed to be deterred, the judge told Kurt Tamati Winklemann (21), of Mosgiel, who received a term of two years and eight months' jail.

Winklemann had been convicted of injuring Hone Henare Wayne Whiunui with intent to do so, and assaulting Samuel Peter Gilchrist with intent to injure him, on February 6 last year.

As well as the prison term, Winklemann was ordered to pay each victim $500 emotional harm reparation.

The summary, from Crown counsel Richard Smith, said the incident happened about 1.45am after the victims left an inner city bar and were walking in lower Stuart St.

Near the intersection with Bath St, Winklemann and an associate were walking in the opposite direction and were being abusive and making lewd comments to some girls also walking that way.

The victims were not impressed by the unwanted comments to the girls.

When one made a remark, Winklemann asked "what does that mean" and tried to start a fight.

Winklemann punched one victim in the face.

That victim fell to the footpath.

Winklemann started further punching his head while he lay there.

The other victim had been pushed against a parked car by Winklemann's associate.

He ignored the push and went to try to pick up his unconscious friend.

But Winklemann punched him in the jaw, resulting in him falling off-balance against a shop window.

He covered his head while Winklemann tried to keep hitting him; and when he bent over to protect himself, Winklemann tried kneeing him in the face and head.

Mr Whiunui sustained concussion, a black eye, facial swelling and a grazed forehead and temple.

He required follow-up treatment at the dental school for numbness to his face and teeth.

Mr Gilchrist sustained a fractured jaw and required acute surgery and internal stitches.

He was unable to open his mouth, and felt nauseous for days.

Counsel Jim Large said Winklemann was taking steps, through counselling and Maori mental health, to address his underlying issues.

Dealt with also on a conviction for breaching community work, Winklemann was sentenced to two months' jail, concurrent with the two years and eight months; and his community work was cancelled.