Man sentenced to home detention, $3000 reparation

A bar manager who stamped on a man during a drunken brawl has been blamed for the break-up of the victim's marriage.

Samuel Owen Wyber (24), of Lawrence, was walking down Dunedin's George St with friends on February 23.

It was during the ``Orientation Week festivities'', Judge Kevin Phillips said.

The Dunedin District Court heard this week Wyber's group clashed with the victims over one man's singing.

The victim confronted the defendant and was pushed to the ground.

``He got up and acted in a semi-provocative way, pushing you back and adopting a defensive stance,'' the judge said.

Then fists flew.

Wyber hit the man in the left side of the face, sending him to the ground again.

As he lay there, protecting his head, the defendant kicked and stamped him until one of the victim's friends intervened.

Wyber struck another person with a glancing blow as the melee moved up the street.

Later, he struck the wife of the first victim in the nose.

Judge Phillips said the man suffered scarring to his face and his depression was exacerbated by the trauma of the attack.

He and his wife ended up separating.

The male victim's degree studies had been put on hold and he had been in hospital for his mental-health issues, the court heard.

``Here we have a two- or three-minute incident on George St changing people's lives,'' the judge said.

Counsel Andrew Dawson stressed his client had no previous convictions and Judge Phillips accepted the violent outburst was out of character.

The court was provided with a letter from Wyber's employer who wanted him to work during his sentence.

But the judge said he was concerned about the man's alcohol consumption.

``I have to say, drinking a 15-pack of beer isn't normal,'' he said.

Wyber pleaded guilty on the day of his trial, while his 20-year-old co-defendant was acquitted by a jury.

Wyber was sentenced to five months' home detention, 260 hours' community work and ordered to pay $3000 in emotional-harm reparation.

 

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