A man who was jailed for knocking his victim unconscious and stomping on his head has had four months shaved off his sentence.
In October last year, Corey Norman Milne, 42, was sentenced in the Invercargill District Court to four years, one month in prison on a charge of wounding with intent to cause grievous bodily harm.
On the night in question, the defendant hosted a party, where one friend became intoxicated and aggressive.
Despite this, the man barged into a bedroom, slamming the door and waking up Milne’s pregnant wife.
When Milne’s partner told him about the incident, he became angry and stormed into the garage where the man was.
Milne hit him in the face at least twice, which knocked him unconscious.
"By this stage, you had lost all control," Judge Duncan Harvey said at sentencing.
Milne then continued punching the victim while he was on the floor, before stomping on his head or body.
"I have no doubt that as this assault continued, you were so angry you did intend to hurt him," Judge Harvey said.
Milne appealed his sentence on the basis the district court did not have a cultural report at sentencing.
However, the Court of Appeal decision said the details in the report would not warrant a discount.
But it said it was important for Milne to be in his children’s life.
"While circumstances have prevented Mr Milne from developing an attachment with his young children, we consider the loss of the opportunity for them to form such attachments is itself a significant factor," the decision read.
Counsel Sonia Vidal said the cultural report contained "causative connections" between Milne’s background and his offending.
The report said he was deprived of his Māoritanga and the richness that could provide for him.
The Court of Appeal disagreed and said there was nothing in the cultural report that would warrant any further discount.
For the purpose of the defendant having a good relationship with his children, his sentence was reduced to three years, nine months.
