A man who was shot three times as he charged at police with a machete has been sentenced to two years' jail.
But because Michael Sam Aliimatafitafi, 37, spent so long on remand, he will effectively walk free immediately.
In May a High Court jury cleared Aliimatafitafi of the attempted
murder in April last year of acting Sergeant Jason Lunjevich outside a property in Eskdale Rd, Birkdale.
The shooting was the culmination of an incident that started when a neighbour complained that the Aliimatafitafis were playing their stereo too loudly.
Later in the Auckland District Court Aliimatafitafi admitted a charge of assaulting the officer using a machete as a weapon, though there was no injury.
Yesterday Judge Michael Lance said that the officer was forced to draw his weapon and fire on Aliimatafitafi because of his foolish, dangerous and frightening behaviour.
Aliimatafitafi had seriously over-reacted when told by noise control officers to turn down the stereo, which was said at his High Court trial to be playing an eclectic mix of Maria Callas, Johann Strauss and Celine Dion.
Defence counsel Charles Cato said that Aliimatafitafi did not intend to harm anyone, only to scare the officers away.
The judge observed that Aliimatafitafi was "very lucky to have got away with his life". He said that the officer was left traumatised by having to draw his weapon and fire.
Judge Lance observed that Aliimatafitafi was very deaf, which might have explained why the music was up so high and also might have been an impediment to sensible discussion with the noise control officers and the police.
Fletcher Pilditch, prosecuting, said that ordinarily the Crown would have sought a term longer than two years, but he acknowledged there were unusual circumstances.
While Aliimatafitafi maintained that he did not intend to hurt anyone, the officers felt fearful and threatened.
"He placed them in probably the worst position that a police officer would ever have to face - having to use potentially lethal force," Mr Pilditch said.
