Bracken stopped only when the victim’s partner pleaded with him.
The victim needed medical attention for bruising and swelling to his head and face.
Bracken’s lawyer, Eilidh Hook, told Judge Noel Cocurullo in the Hamilton District Court today that her client had been on electronically monitored bail without any problems, despite pressure from friends to breach it and attend a funeral.
She said Bracken’s partner was supportive and together they had two young children.
She urged the judge to follow a pre-sentence report recommending home detention.
However, Judge Cocurullo said he struggled to get to that threshold given Bracken’s “disgraceful [criminal] list for just hitting people”.
“He behaves like a thug. What a cowardly act. So he’s not satisfied with smacking him [the victim], he’s got to smack him a couple more times then kick him in the head.”
Hook said her client immediately accepted what he did was wrong and regretted it.
However, the judge struggled to apply enough discounts to warrant home detention.
“This was a nasty incident and you well know it. There was some degree of remorse in the sober light of day ... but not a whole heap.”
Bracken, who was connected to a “commonly known gang”, had previous sentences of intensive supervision and jail for violence, including an attack on a child.
Judge Cocurullo said that, had the latest attack ended after the first punch to the head, he would not consider jail. However, “the ongoing attack to the head by your punches when the victim is prone on the ground, followed by a kick to the head, is utterly disgraceful and abhorrent”.
“Home detention is not an appropriate response ... and I need to respond to your thug-like behaviour ... and kicking him in the head while he was on the ground.
“You are lucky he only lost consciousness for 15 seconds. It could have, for you, been a lot worse.
“I’m not prepared to sentence you to home detention.”
Bracken was jailed for 14 months.
Belinda Feek is an Open Justice reporter based in Waikato. She has worked at NZME for eight years and been a journalist for 19.