A young man today escaped a custodial sentence for an "unprovoked, premeditated attack" on another man which left him with serious brain injury, after a judge said the offending was out-of-character.
Stefan Ronald Vaiola was sentenced in Christchurch District Court today to community detention after being convicted of causing injuryin circumstances where if death had occurred he would have been guilty of manslaughter.
Judge Philip Moran said the attack was out of character, and Vaiola was a former talented captain of Christchurch's St Bede's School first XV rugby team.
Vaiola had heard there was a inter-school argument happening outside McDonald's fast food restaurant in suburban Merivale.
He went there angry, intending to get into a fight.
His friend had a broken nose and Vaiola hit the victim a hefty punch to his head, and when he fell he struck his head on the kerb.
He was unconscious and bleeding from the ears, and suffered a brain injury, had a fractured right temple bone, and bleeding on the brain.
Judge Moran said there had to be consequences for criminal conduct but rehabilitation was important.
He said Vailoa was supported by his family and community but when he went flatting he started drinking alcohol, making him lack self-control and judgment.
There was ample evidence of his remorse, and letters of apology went to the victim, he said.
There was one serious punch with very serious consequences, but the victim was making good progress.
He was impressed with Vaiola's attitude. He was polite, and conscious of what he had done.
He co-operated fully with the police, and was respected by the people who had come to court with him as support.
Judge Moran sentenced Vaiola to four months' community detention, reinforced with supervision for six months.
He set a curfew of 7pm to 7am and said Vaiola was to attend anger management programmes, and alcohol and drug programmes if required by his probation officer.
