Walter James Bartlett, 50, Jamin Smith, 22, and Nicholas David Cruden, 21, appeared in the Dunedin District Court yesterday after earlier pleading guilty to aggravated burglary.
Bartlett’s son Cyris Michael Wakefield, 18, was also allegedly involved in the offending, but died in a car crash in Gore while on bail.
A fifth man was also charged but was considering applying to be sentenced in the Youth Court given he was 17 at the time.
The court heard that on July 18 last year, Smith, Cruden, Wakefield and the 17-year-old were at a Castle St home consuming alcohol.
About 12.15am they were outside and had a verbal altercation with the student residents of the address. They were asked to leave in "less than polite terms".
The group of defendants perceived a slight and one of the students was said to have spat at the group.
The defendants told the residents: "We’ll be back".
Wakefield called his father who picked them up and about 30 minutes later the group returned to the address — Smith armed with a baseball bat and Wakefield with a hammer.
When they arrived, one victim was on the porch and the 17-year-old kicked and punched him.
Another occupant intervened but was also punched in the face multiple times.
Smith was swinging the baseball bat around "wildly" and Bartlett was holding a hammer and wearing a balaclava.
Inside, some members of the group continued the attack.
One student was kicked and stomped on and another was knocked unconscious with the bat.
"Oi, we’re done," Bartlett yelled and the group left.
Nearly two months later, Bartlett was pulled over while driving. The baseball bat and hammer were in the car.
Police also found methamphetamine, a pipe and a knife in his possession, which he was also sentenced for yesterday.
Judge Emma Smith sentenced the defendants according to the different roles they played in the invasion.
Bartlett was the oldest, had a lengthy criminal history and concealed his identity during the crime, the judge noted.
Counsel Deborah Henderson highlighted the defendant had not inflicted any physical violence on the students.
"He’s not being aggressive in his demeanour, he’s not doing anything else other than providing that support in numbers," Ms Henderson said.
"He was the one to say we’re stopping, let’s get out of here, that’s enough."
While Judge Smith accepted that, she said it would have been "pretty scary stuff" for the victims.
She sentenced Bartlett to 31 months’ imprisonment.
Smith’s lawyer, John Westgate, said Smith had been swinging the bat but did not hit anyone with it.
He also had done well on electronically monitored bail while awaiting sentence, was still young and was willing to rehabilitate, Mr Westgate said.
Judge Smith sentenced the defendant to 10 months’ home detention.
Cruden was the least blameworthy of the bunch, his lawyer, Brendan Stephenson, said.
He had no prior convictions, did not have a weapon and was not involved in the attack other than providing "weight in numbers", he said.
"This is incredibly stupid and impulsive, to a degree, and reckless offending," Mr Stephenson said.
Cruden took the offending seriously, wanted to engage in rehabilitation and would be a good candidate for an electronically-monitored sentence, particularly given his youth, Mr Stephenson said.
Judge Smith sentenced him to 10 months’ home detention.
She ordered each defendant to pay court costs of $130.
felicity.dear@odt.co.nz , Court reporter
