At the in the High Court at Whangarei, Lomas appealed against the sentence. .
At the hearing this week Justice Kit Toogood said Judge McDonald got his maths wrong as Lomas should have been sentenced to only two months in prison instead of eight months, as he'd almost completed his home detention.
A three-month term for failing to complete the final month of his home detention sentence was disproportionate, ruled Justice Toogood, who quashed the District Court sentence and substituted it with five months in prison.
Given the time Lomas has already served, he could be eligible for release shortly.
Justice Toogood said he was concerned about Lomas' future as the young man had no support apart from a sister, who was in her early 20s. Lomas had little work experience and a drinking problem.
A Maori tikanga or cultural programme as recommended by the Probation Service would help him, Justice Toogood said.
Lomas was also ordered to undertake an alcohol and drug programme as well as assessment, treatment and counselling as directed by and to the satisfaction of a probation officer.
Judge McDonald told Lomas during his sentencing in September that he wouldn't tolerate offenders treating probation officers in a belligerent and disrespectful way.
Probation officers, Judge McDonald said, already had a difficult job to do and the attitude of people such as Lomas didn't help. Judge McDonald had also raised questions about the nature of Lomas' gardening.
