Community detention for 'rugby' like kick to the head

The man was sentenced in the Queenstown District Court. Photo / File

A Wanaka man has been sentenced to six months' community detention for kicking a man's head like he was "taking a place kick in rugby" while the man was on the ground.

On one charge of assault with intent to injure, Tipene Donald Harrison, 24, roofer, was sentenced by Judge Christina Cook in the Queenstown District Court yesterday.

After a trial in Queenstown last month Harrison was found guilty of assaulting Stephen Waby at Wanaka on March 23, 2014.

Judge Cook said on March 23 there had been an incident between Harrison and Mr Waby and he delivered one kick to the victim's head while he was on the ground, knocking him unconscious.

She accepted there was "some background" to the assault but did not accept his submission he acted in self-defence.

"You described [in a police interview] the victim dropping back to the ground, lying on his front [and] you ran back into the crowd and kicked him.

"You described it ... as 'taking a place kick in rugby'.

"You wanted the victim to be 'done with' ... knocked out."

While she could not give any credit for a guilty plea, Judge Cook said she did take into account his age and that he had a limited criminal history.

Harrison was in full-time employment and there was "benefit" in continuing that.

"It's important that you address the way you behave ... you clearly have some talent in terms of being a talented sportsman and you're in full-time employment."

Conditions of his supervision sentence were to attend an assessment for a departmental programme as directed; attend and complete counselling, treatment or programmes as directed to the satisfaction of a probation officer; and not to possess, consume or use any alcohol or drugs not prescribed to him.

He was curfewed between 7pm Friday and 6am Monday, beginning this week, and was also sentenced to 180 hours' community work, 10 months' supervision and ordered to pay $796.96 reparation at $100 a fortnight and witness costs of $100.