The Taser needed to make contact with a person to be effective, rather than sending out barbs that hit the person, as do police-issue Tasers.
Judge John McDonald said that under the Prostitution Reform Act a conviction under the Arms Act would see Yang automatically banned from operating the brothel. And while there was a process to apply for a waiver, that would take at least five weeks. Judge McDonald said that would impact on the livelihoods of the brothel workers and Yang also had to support his parents in Auckland, with his mother seriously ill.
Judge McDonald said the Taser was low-powered compared with police-issue Tasers and police who had tried Yang's Taser said it hurt as much as the police Taser, but did not have the same debilitating effects.
He said that under the act, if Yang had presented a machete to the men and been convicted of that he would not get the automatic ban.
Yang foolishly followed the men down the stairs and had the mistaken belief that he could have the Taser to protect his workers, Judge McDonald said.
Yang had been the one to phone the police that morning. "In my view, the offending is at the very low end of the scale for this type of offence," Judge McDonald said.
As a first offender, and given the consequences of a conviction on Yang, his parents and workers, a discharge without conviction was appropriate. He ordered Yang to pay $750 to Women's Refuge.