Three Tauranga brothers who attacked a man in The Strand in a "cowboy movie style" act of retribution have escaped a jail sentence.
Michael Ross Gardiner, 21, Ryan James Gardiner, 23, and Kieran Dominic Gardiner, 18, faced up to a year in jail after pleading guilty in November to a joint
charge of assault.
But yesterday Judge Robert Wolff sentenced the three to community detention and supervision, warning them they were lucky not to find themselves behind bars.
The assault charge stemmed from an incident at about 11.30pm on September 11, after the brothers had been socialising in downtown Tauranga.
When Kieran had become involved in a physical dispute with the victim on the corner of The Strand and Devonport Rd, his older brothers had gone to his aid and their victim was forced to the ground. Ryan had kicked him twice in the rib area and Michael kicked him once in the body before punching him in the head. Kieran had then tried to kick the victim but was prevented from doing so by his brothers. The victim sustained minor bruising.
Judge Wolff said the brothers had "over-reacted" in a case of "retribution", giving the victim a serious beating.
"This sort of reaction is one that forms the basis of cowboy movies but doesn't form the basis of a civilised society. If retribution is allowed to run wild it just escalates and ends up in a state of lawlessness and this sort of behaviour can't be tolerated."
The judge also told Kieran that when his brothers were "kicking the snot out of the victim" he should have pulled them off rather than joined in.
While on bail for this assault, Kieran was again caught fighting downtown, later pleading guilty to fighting in a public place.
Ryan and Michael have prior convictions for assault, and Ryan for fighting as well.
Ryan and Michael were sentenced to six months community detention and Kieran was sentenced to two months community detention.
All three were sentenced to nine months supervision, which includes attending alcohol abuse and anger management counselling and a nightly curfew.
