A last-minute change of heart yesterday meant a Frankton man narrowly avoided being sent to prison.
Labourer Joshua Bates (31) was initially to have been sentenced in July for assaulting Amit Kumar and injuring John Hudson with intent, using a knife as a weapon, resulting from unrelated incidents in 2018.
While he admitted the assault on Mr Kumar, dated July 5, he initially denied injuring Mr Hudson with intent on September 21 last year.
After unsuccessfully seeking a sentencing indication on the day of his trial in April, he changed his plea but took issue with the summary of facts, which led to a disputed facts hearing.
On July 22, Judge Callaghan rejected the recommendation of supervision and community work in the pre-sentence report as "entirely inappropriate".
Bates did not consent to any form of electronically-monitored sentence, meaning prison was the only other option.
Counsel Kirsty Allan said yesterday Bates had since changed his mind and sought for community detention and supervision to be imposed.
Judge Callaghan said on July 5 Bates was refused entry to SkyCity Casino in Queenstown, by Mr Kumar due to his level of intoxication.
Without warning, Bates punched Mr Kumar hard on the right side of his head and walked away.
Mr Kumar, who suffered a slight concussion, followed. Bates turned and threw more punches but failed to connect.
He left before police arrived.
Two months later, Bates was in his bedroom at 7.45am when Mr Hudson, his landlord, arrived to discuss damage to the property and rental arrears.
When told to leave, Bates became aggressive and picked up a knife, making comments to the effect Mr Hudson "hadn't seen how angry you could be".
When Mr Hudson left the room, Bates yelled he would "have nothing left when I'm finished".
The pair ultimately ended up in the kitchen with Mr Hudson crouched on the floor and Bates on top of him, holding the knife above his head.
"You scratched or cut at the face of Mr Hudson with your hand [and] attempted to choke him."
Mr Hudson was left with a cut above and under his right eye, marks on his neck, a cut to his cheek and a deep cut on his right ring finger which required stitches.
Mr Hudson eventually left the house and called police from his vehicle but when Bates followed, he fled on foot.
Bates gave chase so Mr Hudson scrambled down a steep embankment, grazing both his knees and dropping his phone.
Bates picked it up and stood down emergency services, the judge said.
Mr Hudson had since sold the rental property and was "very scared" of Bates.
"He doesn't even like being in Queenstown if he knows you're about."
From a starting point of 18 months' imprisonment, Judge Callaghan imposed four months' community detention with a curfew from 7pm Friday to 7am Saturday, and from 7pm Saturday to 7am Monday, and nine months' supervision, with special conditions.
Bates was also ordered to pay a total of $360 reparation to Mr Kumar and $2500 reparation to Mr Hudson at $75 a week.
Judge Callaghan also imposed 140 hours' community work, cumulative on 100 hours previously imposed. On completion fines totalling $7262 would be remitted.
