Rugby rep avoids jail for 'street thuggery'

Shayne Austin. Photo / Paul Estcourt

A Taranaki rugby representative's first brush with the law was today described as "nothing short of street thuggery".

In Hawera District Court Shayne Austin's, 30, and his deaf accomplice, Tony Willis, 27, were each sentenced to 200 hours community work on two charges each of assault with intent to injure.

At a previous hearing, Austin, a labourer, admitted repeatedly punching two men, when he took exception to comments made about Willis's disability.

The incident occurred on Stratford's main street during the early hours of February 22.

Today, the court heard how the inebriated pair had been at a private function before hitting the town.

Prosecutor Mark Wilton said Austin attacked the first victim as he and Willis walked along Broadway.

Austin continually punched the man to the ground when he kept trying to regain his feet following the initial blow.

When a second man became involved, Willis, a Stratford engineer, came to Austin's assistance, holding the man while Austin punched him about the head.

Mr Wilton said both victims needed time off work following the assaults and had been traumatised by the ordeal.

Austin's counsel Turitea Bolstad said her client was deeply remorseful for what he had done, but had no memory of the incident.

She said while Austin had offered to meet the victims for a restorative justice conference, neither of the men was interested in the meeting.

Ms Bolstad said Austin, who was of previous good character, had immediately offered to pay $1000 to each man.

He had since sought alcohol and anger management counselling.

Similar evidence was offered to Judge J P Gottis by Willis' counsel, Kelly Mariner.

Stopping short of sending the pair to jail, the judge described Austin's actions as gratuitous street brutality.

"Your offending is nothing short of street thuggery and if it had not been your first offence, a jail sentence would be inevitable," he said.

The judge sentenced Austin and Willis to 200 hours community service on each charge, to be served concurrently and emotional harm reparation of $1000 to be paid to each victim by both offenders.

They were also ordered to pay $750 to each man for loss of income.

- NZPA