A 40-year-old Kaitaia man who used a dog as a weapon against a police officer should not be in incarcerated, counsel Michael Powell told Judge David Mather in Kaitaia District Court.
Dion John Kasete Ofakipouono, who had admitted assaulting police with a weapon, had been given a sentence indication of 15 months' imprisonment, Mr Powell said, with consideration to be given to an electronic sentence.
The charge arose from an incident in Kaitaia in the early hours of April 4, when police were called to a disorderly gathering of some 200 people in Allen Bell Dr. Four officers were subsequently deployed to assist noise control to seize a stereo.
The victim of the assault was at the rear of the address, and saw the defendant walking towards him with a pitbull dog on a chain. The officer told him to stop and to ensure that he had the dog, which was aggressive and barking, under control, but Ofakipouono allowed it to get closer to him.
The officer used pepper spray against the dog, which attacked him after the defendant released it from the chain. He was bitten on the left lower leg, his right forearm before managing to take it in a headlock and secure it in a police vehicle.