A man who attacked police during this year's Welcome Bay Hall riot has avoided jail despite prosecution efforts to have him locked up.
Stephen Waru Anderson, 40, unemployed, was sentenced sentenced to 300 hours' community work when he appeared in Tauranga District Court this week.
A jury last month found Anderson guilty on one charge of assault with intent to injure.
Anderson, a father of four from Hamilton, was one of number of partygoers arrested on January 8 after a 21st birthday party at the hall.
Among those arrested was Welcome Bay man Stacey Pakaru, who was jailed for three years in September after being found guilty of causing grievous bodily harm with reckless disregard.
Pakaru had tossed a 6.5kg steel wheel rim which struck Constable Deborah Jay in the head, causing serious injury.
The court was told that about 12.30am on January 8, Anderson was among about 70 drunk people still at his relation Damien Anderson's 21st party.
Police were called to the hall after they received complaints about anti-social behaviour.
Anderson told one of the officers at the hall's entrance:
"You're not coming in here as it is a private party and everyone has left."
Sergeant Terry McFetridge asked Anderson to move aside and warned him he would be arrested for obstruction if he refused.
Anderson let police into the hall but as Mr McFetridge went to walk out again, Anderson barred his exit and was arrested by a male constable.
A struggle ensued when the constable tried to handcuff Anderson, and when a second constable went to the officer's aid Anderson tried to head-butt the officer three times. One blow connected with the officer's head.
The two constables brought Anderson to the ground but he then bit one of them on the hand as they tried to handcuff him. Anderson then resisted police as he was put in the police van.
Crown prosecutor Larry Meredith told Wednesday's court hearing that a prison sentence of 5-6 months was appropriate given Anderson's prior convictions for violence and the need to send a strong deterrent message to the community.
But Anderson's lawyer, Bill Nabney, argued a non-custodial sentence was more appropriate because no serious injury was sustained and it had been many years since his client's last conviction.
At trial, Anderson argued he honestly believed he was in his legal rights to obstruct police because the party was held on private property.
He said he did not mean to harm the officer.
Judge Peter Rollo told Anderson he accepted there was no serious injury to the constable.
"But any assault on police is treated far more seriously than other assaults because of the specific role they fulfil in the community to maintain law and order.
"I am struck by the fact that you have some good qualities but also like the rest of us you have some flaws, including your poor attitude to police and other members of authority," Judge Rollo said.
"Clearly if you had stepped aside and let police do their job, you wouldn't be in court today."
Man avoids jail after attack on officer at 21st party riot
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