When Queenstown’s most famous takeaway joint would not make Sam Evans a burger, he decided to make one for himself.
That was Evans’ explanation for what a judge describes as a “bizarre and disturbing” incident at Fergburger on July 10.
The 28-year-old Shotover Country resident had gone there about 2.30am after drinking in the CBD, only to be told by a staff member they could not serve him because they were closing up for the night.
Police say Evans began yelling and abusing staff, and repeatedly thumped the counter-top.
He then threw open the porthole serving window, which narrowly missed a customer, and “launched himself” into the kitchen.
Damaging a portable heater as he fell to the floor, he picked up a large plastic rubbish bin and threw it with “considerable force” at a cook.
As the victim raised an arm to protect himself, the bin struck with such force that it shattered.
Judge Tony Zohrab said Evans then punched the victim in the face before missing with another swing.
Despite the attack, the victim had the presence of mind to pull Evans away from a boiling oil fryer and restrain him in a bear hug to stop him from knocking it over.
“Fortunately [the victim] was of a sober mind,” Judge Zohrab said.
“Regrettably, we can’t say the same about you.”
Speaking at Evans’ sentencing on a charge of assault with a blunt instrument in the Queenstown District Court on Tuesday, defence counsel Bryony Shackell said he was on a waiting list for alcohol counselling.
“It seems clear there are some rehabilitative needs that need to be addressed.”
The defendant was a hard worker, doing a labouring job six days a week and supporting his partner, Ms Shackell said.
Judge Zohrab said the sentence would provide “a measure of help and a measure of punishment”, but warned Evans any more violent offending could lead to a prison sentence.
He entered a conviction and sentenced him to six months’ community detention and 12 months’ supervision.
During that time Evans must complete a drug and alcohol programme, and is banned from possessing, consuming or using any alcohol or non-prescribed drugs.
He must also pay the victim, who suffered minor injuries in the assault, $1000 reparation for emotional harm.