Two intoxicated Dunedin high school pupils attacked a university student, kicking him while he lay unconscious on the ground, the Dunedin District Court was told yesterday.
Setu Tupu-Setu (17) pleaded guilty to injuring with intent to injure and assault over the February 25 incident, while Misi Junior Taumaoe (18) admitted the former charge.
At the time, both teens attended King’s High School but Tupu-Setu had since been expelled, Judge Kevin Phillips said.
During one violent outburst it took three staff members to control him, he said.
Taumaoe was still at the school but counsel Jim Takas said if he was sentenced to home detention he would be forced to leave.
Though the judge said he could not send the first offenders to jail, he refused to "slap them with a wet face cloth".
"If you were not [so young] we would be talking about how long you were going to prison for."
Judge Phillips said they could have killed their victim and it was only good fortune his injuries were not worse.
The pair, who had been drinking heavily, were walking in Leith St towards the university campus.
As they passed people walking in the other direction, words were exchanged.
Tupu-Setu initially punched one man, knocking him over, but the duo’s focus landed on another 20-year-old student.
The 17-year-old struck the other man in the head with his right fist, dropping him to the ground too.
"You were not 17 years old in size, only in age," the judge said.
The defendants then laid into the unconscious man as he lay in the street. Taumaoe kicked him in the ribs, while Tupu-Setu booted him in the ribs and head, the police summary said.
The student suffered a deep cut to his forehead, requiring stitches, as well as bruising to his left eye, ribs and ongoing headaches. He suffered dizzy spells as a result of the attack and for weeks struggled to concentrate in lectures.
In a statement, he wrote he was "in the wrong place at the wrong time" and he no longer felt safe in the student precinct.
"Student life is an integral part of the Dunedin community," Judge Phillips said.
"You two have destroyed it for this man."
The court heard both defendants were Samoan and Taumaoe’s counsel Jim Takas said his client had moved to New Zealand with his family four years ago.
"It’s safe to say he’s had some difficulties fitting into the community ... It’s quite an adjustment to make from village life there," he said.
Mr Takas provided a letter of support to the court from Taumaoe’s church.
The judge said both teens had a lot of work to do to regain the faith of their families.
"They have changed their whole lives, where they live, to get better things for their children. And you really throw sand in their faces for what you did on this particular night," he said.
Counsel Meg Scally said Tupu-Setu was at a "fork in the road" in his life but was far from a lost cause.
Despite the pair facing different charges, the judge ruled they were equally culpable.
Both teens were sentenced to six months community detention (housebound at the weekend), six months supervision and 150 hours community work.
They were ordered not to associate during that time.Attempts to contact Dan Reddiex, the rector of King’s High School, last night were unsuccessful.