A man who assaulted police and urged his brother to shoot them with an air rifle has avoided jail, thanks to a judge who believed it would result in a life of gang crime.

A jury found Matua Baker​, 22, guilty of two charges of aggravated assault on police and one of being a party to using a firearm against police in Dargaville, in January 2021.

He also admitted one charge each of dangerous driving and failing to stop for police.

In the Whangārei District Court on Friday, Judge Gene Tomlinson told Matua Baker if he lived in any other country he or his brother would’ve been shot dead by police.

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“The moment anybody points a gun at cops, the first thing that happens is you get shot,” he said.

“Clearly and firmly in the back of my mind is the fear that the police had that day.”

Police came to Matua Baker’s address for a relatively minor incident – to talk to him about some damage to his father’s car – but his actions escalated the situation, the judge said.

He initially ran away from police, but when they came back to his house later the same day, Matua Baker raised his fists to an officer.

The officer managed to get him on the ground and used an extendable bat to strike him around the neck.

Out of concern, his brother Henare Baker came out onto the deck and pointed an air rifle at police, and Matua Baker urged him to shoot, Tomlinson said.

“They thought they were being pointed at by a firearm – it caused immediate and genuine concern for their lives.”

Police managed to use pepper spray to restrain Matua Baker, which he spat into an officer’s face.

As he was being led away in handcuffs, he kicked an officer in the ankle, resulting in a tumble.

Again, this provoked Henare Baker to bring out a spade, which he put down when police threatened to use a Taser.

Tomlinson said while he needed to discourage dangerous actions against police, he did not want to send Matua Baker to jail.

“Sentencing you to jail would be throwing your life away and pushing you into a life of gangs,” he told the young offender.

“Sending you to jail would be unbelievably counterproductive, not just for you but for the community in the long-term.”

Tomlinson told Matua Baker he was intelligent, and needed to take the opportunity being given to him, instead of holding onto anger from a difficult upbringing.

He sentenced him to 10 months’ home detention, with six months’ special post-detention conditions and 16 months’ judicial monitoring.

He also disqualified Matua Baker from driving for six months.

Henare Baker has been remanded on bail for sentencing on September 6.