"It's a first for me."
Hastings District Court Judge Gordon Matenga made the observation on Wednesday when sentencing Casey William Tipene-McCormick, who had been charged with assaulting someone with a feijoa.
The charge of assault with a blunt instrument in the form of a feijoa was one of six faced by Tipene-McCormick, 32, of Mayfair, Hastings.
Tipene-McCormick received community work and supervision after appearing for sentencing on the unusual assault charge, three charges of theft, and two of failure to answer bail.
Defence lawyer Kila Pedder said Tipene-McCormick's offending was at the lower end of the scale.
"Deep remorse was expressed in the pre-sentence report. He's also written a letter of apology."
The assault charge related to an April 22 incident at 12.20am at Caltex Petrol Station on Karamu Rd, Hastings.
The victim was working behind the counter, and the store's ATM machine was not working.
Tipene-McCormick asked the victim to take the money out from the counter.
When the victim didn't agree, Tipene-McCormick threw a feijoa at him, striking him on the forehead.
Judge Matenga said the charge was one he hadn't come across before.
"It's a first for me, I have never seen a charge like this," he said.
"You then continued to threaten the worker."
He said the victim impact statement stated that the victim lives alone, and "knows the job carries risk".
Matenga said the job shouldn't carry risk, and it was a sad state of affairs that the victim felt that way.
"Workers should feel they can work anytime without fearing for their safety.
"The victim was comforted to know that a trespass notice had been issued."
Matenga said that he was aware of Tipene-McCormick's challenges with his mental health.
He urged him to keep taking his medication.
Tipene-McCormick was sentenced to nine months' supervision, 120 hours' of community work, and convicted and discharged on the charges of failure to answer bail.
He was also ordered to pay reparation of $162.59 in relation to the theft charges.