Jail sentence appeal dismissed

WELLINGTON: The appeal of a man with a history of noncompliance with court orders, that his prison sentence for assault was too harsh has been dismissed.

Darryl Craig Green was sentenced in the Dunedin District Court in June to two years and one month’s prison after punching a man three times from behind in the kitchen of the man’s home and then punching him five more times in the face.

When police arrived, Green had to be restrained by officers.

In sentencing him, Judge Kevin Phillips described Green’s assault on his victim as ‘‘an unprovoked attack on a totally vulnerable person’’.

It was noted Green had repeated driving offences and breaches of protection, supervision and release orders.

The victim’s vulnerability and Green’s ‘‘prior offending and overall attitude’’ were cited as factors in sentencing.

Green appealed, but in a decision released by the High Court at Dunedin yesterday, Jus tice Gerald Nation dismissed the appeal, saying it was stern but reflected the offending.

‘‘There can be no dispute that the attack to the head was a serious aggravating feature.

‘‘The victim was attacked from behind and had no opportunity to defend himself . . . The blows kept coming until he was on the floor. He gets headaches and has had to have stitches in his mouth,’’ he said.

That the attack happened in the victim’s own home was also an aggravating factor. — NZN