Gang member escapes jail

A man with gang connections and a history of violence kicked a victim unconscious during an unprovoked attack, but has escaped prison time.

Joshua Raymond Wooster, 24, was sentenced in Porirua District Court last Tuesday to 10 months’ home detention after pleading guilty to wounding with intent to commit grievous bodily harm.

On October 7 Wooster chased a man after seeing him run away from a group of 15 to 17-year-olds who had been verbally and physically abusing him outside Countdown Porirua for refusing to give them tobacco.

Wooster caught up to the victim at the Ballentynes car park and pushed and kicked him to the ground, continuing to abuse him.

The group of teenagers caught up and a 17-year-old, who had earlier punched the victim, joined in.

The victim was briefly able to sit up before Wooster kicked him in the head and left him unconscious.

Wooster then left the area and the victim was taken to hospital suffering from a fractured skull and fluid build-up.

He suffers from ongoing headaches as a result.

Judge John Walker said the attack was unprovoked and read like it was for sport.

‘‘You saw the victim running and you decided to chase him,’’ he said.

‘‘You kicked him in the head when he was helpless.’’

Walker said the starting point for the crime was two years in prison, but because of mitigating factors Wooster was sentenced to home detention.

He said the 24-year-old was young enough to change his gang lifestyle and there was hope for him as his employer had spoken very highly of him in a reference.

‘‘There is a good and positive side to you, but there is a very bad side that needs to be dealt with.’’

Wooster’s defence lawyer, Sonia Thistoll, said he regretted getting involved in the middle of the attack.

‘‘He said he felt disgusted with himself and felt very bad for what he’s done,’’ she said.

Besides his home detention, Wooster was ordered to pay the victim $1000 for emotional harm.