A former bar worker found guilty of viciously beating another man unconscious in a lane behind a Mount Maunganui strip club has been jailed for three years and nine months.
Mathew Aro, 26, who was found guilty by a jury in November of one count of wounding with intent to cause Elliot Earp, 32, grievous bodily harm was sentenced in Tauranga District Court on Tuesday.
Aro was found guilty of attacking Mr Earp early on February 18, 2010 in the lane behind Bobby's Bar, Massage and Strip Club in Maunganui Rd.
Mr Earp was found badly beaten and unconscious. His nose and cheekbones below each eye were broken, his lips were split and he also sustained bleeding to the brain.
Mr Earp spent seven days in Tauranga Hospital, including three days in intensive care on a ventilator, required reconstructive surgery and still suffers the effects of the attack. The assault occurred after the pair got into fight which the victim had instigated.
Crown prosecutor Richard Jensen told Judge Peter Rollo that a jail sentence of four-and-a-half to five years was sought before any allowances for mitigating factors.
Mr Jensen said the serious aggravating feature to this offending was the degree of violence meted out against the victim, including Aro "putting the boot in after winning the fight".
ESR forensic evidence presented to the jury confirmed that there were repeated kicks to the face, head and nose, and blood stains on Aro's shoes but Aro claims there were no kicks involved.
Mr Jensen said the Crown accepts there was a degree of provocation by Mr Earp, but given the intoxicated state of the victim little discount should be given for that factor.
Aro had also shown limited remorse or insight into his offending, he said. Aro's lawyer Tony Balme said this was a case of "excessive self-defence force" rather than a deliberate intention by Aro to cause the injuries he did and he was genuinely remorseful. Mr Balme said to his credit Aro wanted to make his apologies to Mr Earp in person but the victim declined his offer to participate in a restorative justice meeting.
Mr Balme argued a two-and-a-half to three-and-a-half years sentence was more appropriate.
Judge Rollo told Aro that despite Mr Earp "baying for a fight and being aggressive and offensive that night" it was his actions after he had won the fight which were the central issue.
"In my view Mr Aro you went far too far. You had won the fight yet you continued on with your fisticuffs which caused serious life-changing injuries, which was completely unjustified."