
A 19-year-old Dunedin student was attending a Castle St fancy-dress party as the Marvel comic-book character on March 26 last year, the Dunedin District Court heard this week.
Midway through the night, his sidekicks informed him there were people having sex in his bed and Spidey leapt into action.
The defendant — who was granted permanent name suppression — interrupted the act and ordered the 17-year-olds out of his flat.
One of the pair in bed, a male, remained, reluctant to leave without his cellphone.
This riled up the group of costume-clad students who pushed the victim out of the bedroom.
While in the hallway, the defendant punched him in the face before shoving him on to the footpath outside.
There the violence continued.
"Following the victim outside the address, the defendant and his two associates punched [him] in the face several time," court documents said.
"As the victim attempted to escape, the defendant and his two associates held him until he managed to break free and leave the address."
The teen sustained two black eyes, a bleeding nose and had a tooth knocked out.
Counsel Sarah Saunderson-Warner argued for a discharge without conviction on behalf of her client.
"He didn’t go out and seek some sort of confrontation,’ she said. "He was presented with a person acting unlawfully."
Crown prosecutor Robin Bates confirmed the defendant had paid the victim $5000 to cover dental work and had written an apology letter.
Judge Kevin Phillips said the defendant’s actions belied a lack of maturity but he had some sympathy for the man’s situation.
"One can appreciate the frustration experienced by the defendant in those circumstances," he said.
The man had no previous convictions and the judge described him as "on the doorstep of a professional career".
He granted the discharge without conviction, noting the victim and his family were supportive of the outcome.