Smith was on his way to a court hearing in the elevator and was about to exit when the doors opened. At that moment, Aydon launched himself at Smith, punching him in the face and knocking him backwards into the lift in an unprovoked attack.
The doors closed behind him, blocking Smith from exiting the lift, and Aydon punched his victim in the face and head, rendering him semi-conscious.
Aydon is a registered white belt Jiujitsu fighter.
Jarred Scott, Aydon’s lawyer, filed the appeal contesting his client’s sentence of two years and seven months in prison stating the starting point was too high.
“The starting point should be two and a half, to two years nine months imprisonment and with a potential twenty-five per cent discount, would get him to under two years, qualifying for consideration for home detention,” Scott said.
Scott said although he accepted the victim was vulnerable and confined, there was no evidence the victim was beaten while on the floor.
Scott also argued that being a public official as a lawyer is not an aggravating feature and should not be treated any differently than anyone else.
“The starting point is too high because being a public official is not an aggravating feature.”
At the appeal hearing at the High Court in Whangārei this week, Crown lawyer, Danica Soich submitted the five per cent discount the sentencing judge imposed was the appropriate level of discount given the substantial aggravating features.
Soich said as an officer of the court, the services of a lawyer go to “the heart of public life.”
“The function of a lawyer is to uphold the rights of citizens, against the state or on behalf, and in that sense the function of a lawyer is essential.
“Those that seek to disrupt the order of the Court and the effects of others seeking access for those who come here, it is appropriate to treat that as an aggravating feature.
“He was vulnerable, he was taken by surprise and had no time to defend himself noting the defendant launched himself at the victim.
“The victim was trapped inside the elevator, he was unable to escape from the attack ... that would have been obvious to the defendant,” Soich argued.
Justice Neil Campbell has reserved his decision.
Shannon Pitman is a Whangārei-based reporter for Open Justice covering courts in the Te Tai Tokerau region. She is of Ngāpuhi/ Ngāti Pūkenga descent and has worked in digital media for the past five years. She joined NZME in 2023.
