A Dunedin man involved in a gang-related pack attack behind bars has avoided being sent back to prison. David Luke Tata, 40, appeared in the Duendin District Court yesterday after earlier pleading guilty to assault with intent to injure. His co-defendants, Laymen Renata Pere, 43, Marcus Paul Panapa, 42, Donald Noel Collins-Roberts, 41, Levi Peter Hohepa Martin Henry Reuben, 31 and Region Duncan, 21, all understood to be Mongrel Mob members or associates, had extra time added to their jail terms at sentencing earlier this year. Tata, though, had been granted parole to rehabilitation facility Moana House and had his sentencing adjourned until yesterday to monitor his progress. The court heard that on November 22, 2024, the defendant, and the five other inmates, were sentenced prisoners at Otago Corrections Facility, as were the two victims. The group were in the exercise yard and a defendant was talking to one of the victims before Reuben threw a punch. Duncan delivered three blows to the victim’s face before Pere hit the victim from behind and a second victim approached before he was surrounded by the defendants. More violence was dished out to both victims, before Tata joined in, punching the first victim in the face while Duncan kicked him. Tata then turned his attention to the second victim, who was on the ground, and kicked him three times before running off. The first victim had a bleeding hand after the attack as well as a bruised eye and a cut to his mouth. The second victim had multiple grazes to his head. On Friday, the court heard Tata continued to make positive progress while in rehabilitation. Judge Hermann Retzlaff said the assault was serious. “Relative to the actions of some of your co-defendants you are less involved. However, at the end of the day you were all part of a group assault,” the judge said. He highlighted Tata had “made the most of” his time at the rehab facility and while a sentence of imprisonment would usually be imposed, this case was an exception. “You have put yourself in a position where the court really must impose a sentence that allows you to continue on the positive track that you’re on,” the judge said. Judge Retzlaff sentenced Tata to six months’ community detention (9.30pm-6.30am curfew) and 12 months’ supervision. felicity.dear@odt.co.nz