A man was in critical condition after a serious assault outside Auckland's Shakespeare Tavern.
Video / Supplied
Amos Liaina was sentenced to 250 hours community work and nine months supervision for critically injuring a man.
Liaina’s victim sustained a brain bleed and multiple fractures from the attack outside the Shakespeare Tavern.
Judge Belinda Sellars KC noted Liaina’s remorse, participation in restorative justice, and completion of a treatment programme.
A man who critically injured another outside the Shakespeare Tavern in Auckland’s CBD has been sentenced to 250 hours of community work and nine months' supervision.
Amos Liaina’s victim sustained a brain bleed and multiple fractures to the face and jaw from the attack.
Auckland District CourtJudge Belinda Sellars KC today described the offending, which occurred just before Christmas last year, as a “drunken brawl that got out of hand on all sides”.
The incident occurred after the victim had had an altercation with Liaina’s brother.
Liaina’s lawyer, David Dickinson, submitted that his client would not be before the court again and, since the offending, he had abstained from alcohol and was remorseful.
The man and his victim had also participated in restorative justice, during which Liaina expressed remorse and he was forgiven.
Judge Sellars noted Liaina had completed an alcohol and drug treatment programme.
“The victim does not seek financial reparation, but you wish to pay it.”
The Shakespeare Tavern in central Auckland after the assault. Photo / David Williams
She said he had earlier pleaded guilty to injuring by an unlawful act, which carries a maximum sentence of three years imprisonment.
He was 27 at the time.
Judge Sellars told the court the incident had impacted the victim’s whole family and she hopes the restorative justice process has helped with their healing.
“For that family, this is life-changing.
”The victim, it would appear, is still profoundly affected by his injuries that night."
In sentencing Liaina, Judge Sellars began with a starting point of 15 months imprisonment but gave him discounts for his early guilty plea, remorse, participation in restorative justice, as well as his abstinence from alcohol and the treatment programme.
He appeared in the Auckland District Court today. Photo / Nick Reed
She said the offending was out of character for the young man, who had not been “in trouble” before and was a hard-working sole breadwinner who spent Sundays in church.
As a result, she sentenced him to 250 hours of community detention and nine months' supervision.
He was also ordered to make a $2000 in emotional harm payment to the victim, who could donate it if he chooses.
According to the Summary of Facts, the victim and Liaina had been consuming alcohol together at the pub at around 7.50pm on December 16 last year.
The victim got into a physical altercation with the defendant’s younger brother and other friends intervened, splitting up the pair.
“Shortly after, the victim and the defendant have ended up in a physical altercation,” the document said.
“During this physical alternation, the defendant has punched the victim twice to the head until the victim has landed on the ground and become completely unconscious.”
The summary said the victim was unconscious on the ground for over five minutes before an ambulance arrived and escorted him to hospital.
“In explanation, the defendant stated, ‘I saw [the victim] was punching my little brother so I went to stop him, and he punched me’.”
He said he was just trying to help his brother and did not intend on putting the victim in hospital.
Two videos recorded by a resident of an apartment on Albert St show the fight breaking out at about 8pm.
The resident, who only wanted to be known by his first name, Jakub, said at the time he saw people screaming and fighting, and one man knocked unconscious.
“As soon as his head hit the pavement, he stopped moving and I saw some of his mates, they tried to slap him across the face so he could partially regain consciousness because he was not responding at all,” Jakub said.
The first video shows two men fighting on the footpath in Albert St near the Shakespeare Tavern.
As a third man tries to pull one of the men away, one of the two men is punched in the face and falls flat to the ground with his arms outstretched.
Seconds later, three people arrive by the victim and the man who threw the punch can be seen throwing another punch at one of the three people before being pulled away by his T-shirt.
