A man charged with manslaughter after punching another man in the head has avoided jail.
Father-of-two Hariboy Hetaraka punched Wellington man Clark McCulloch, who then fell on to the pavement, hit his head and died 10 weeks later.
Hetaraka's lawyer Bruce Squire QC told the High Court in Wellington today his client acted in self-defence on July 1 last year, when McCulloch was drunk and harassing a woman in Wellington's Brooklyn Rd.
Mr Squire said Mr McCulloch, 59, was "aggressive, argumentative and confrontational" on the day of his death.
He was drunk after consuming a bottle and a half of vodka, Mr Squire said.
Hetaraka was also subjected to "grossly offensive racial abuse," his lawyer said.
Mr Squire said it was a "misfortune" his client faced a manslaughter charge, as if Mr McCulloch had fallen in a slightly different way, he wouldn't have died.
He said the incident wasn't one of extreme violence and only two punches were thrown.
"The first missed but the second struck..."
Mr Squire said Hetaraka, 43, had wanted to act in "a courageous and responsible manner" to help a woman he believed was in distress.
He said Hetaraka worked for a plumbing company in Wellington and had tried to better himself since his days as a gang-affiliated youth in Auckland.
Crown prosecutor Sally Carter accepted Hetaraka was provoked when he and Mr McCulloch clashed.
But she said "an aggravating factor was there was no assistance" given to Mr McCulloch after he landed on the pavement.
Instead, Hetaraka went back across the road without trying to help Mr McCulloch.
The court heard Hetaraka had prior convictions, including for assault.
Ms Carter said a starting point for sentencing Hetaraka should be three and a half years in jail.
Mr Squire said the starting point should be two years or less, and so home detention had to be considered.
Justice Rebecca Ellis said manslaughter carried a maximum penalty of life imprisonment.
"The law also recognises that all manslaughter cases are not the same," she added.
Justice Ellis said she accepted Mr McCulloch was unpleasant, drunk and aggressive on the morning of July 1.
She said Mr McCulloch was causing a scene in central Wellington to the distress of his "sometime partner," who had name suppression.
Justice Ellis said Hetaraka, in his apartment, called out to Mr McCulloch to stop.
"Come down here and stop me, n****r," or words to that effect were the response from Mr McCulloch.
Justice Ellis said Hetaraka had no convictions between 2002-2008.
The Judge said she could see why Hetaraka argued he acted in self-defence.
But she said although Mr McCulloch clearly had a long-running battle with alcohol, and could be unpleasant, that did not excuse his death.
"He was a real person, and a person who was loved, and a person who did not deserve to die when he did."
Justice Ellis said there had been publicity about "one-punch" deaths, and calls for tighter penalties, but this was not a typical one-punch case.
She accepted that Hetaraka was remorseful and did not intend to do Mr McCulloch any "real harm."
Justice Ellis said two years was an appropriate starting point, reduced to 22 months, so home detention had to be considered.
Hetaraka was sentenced to 11 months home detention.
A jury of seven women and five men sat through Hetaraka's trial.
Outside court, Hetaraka said he was grateful and remorseful.
"I'm grateful to my lawyers, the prosecutor, and the Judge.
"I honestly had no ill-will towards the guy. I didn't mean for him to get hurt."
Hetaraka said the past fourteen months had been excruciating.
"I'm gonna go home and cry."
Hetaraka's brother in law Darrin Sakey said Hetaraka "had a lot of potential" and the family felt the Judge made the right decision.
Mr Sakey said people could turn their lives around and he was confident his brother in law would succeed.
Mr Sakey said it was "devastating" when the jury earlier found Hetaraka guilty.
"I think if it was by judge alone (trial), he probably would have been found not guilty to be honest."
Mr Sakey said family was pivotal to anybody like Hetaraka, who was trying to be a better person.
"It's really hard to change to the straight and narrow - working, job, no crime. He's doing it."
He said there was no doubt Hetaraka was sorry for Mr McCulloch's death.
"He wad quite sad when (Mr McCulloch) didn't have a lot of support when he was in hospital...I know for sure he didn't intend to hurt the guy."
Hetaraka had a "tough upbringing", the court heard, and untill about 2001 was affiliated with a gang.