A gang member who struck Merivale father Lance Scullin with a fence paling as he tried to break up a fight the night before he died has been sentenced to 12 months jail.

Mihaka Ratahi, 22, unemployed, was sentenced in Tauranga District Court today after earlier pleading guilty to assault with a weapon and unlawful assembly.

Lance Scullin was found dead in the backyard of his Kesteven Avenue home on December 1.

Ratahi admitted to assaulting the the Merivale father with a piece of wood outside the victim's home on Kesteven Avenue on November 31 last year.

According to the summary of facts, 50-year-old father had gone to the aid of another Merivale resident when he was assaulted by a group about 10pm.

Lance, a father of five and Merivale Neighbourhood Support Group co-ordinator, was found dead at his Merivale home by neighbours about 10am on Sunday, December 1.

The assault – a blow to the head – was not considered medically linked to Lance's death.

Today Judge Philip Cooper declined a defence application for a community detention, community work and supervision, saying it wouldn't meet the need to denounce actions presented by the case.

Today the court heard a group of gang members were engaged in an assault on another person sometime after 9pm on November 30, 2013, when Lance stepped in to stop it.

One of Ratahi's co-offenders was carrying a knife, says the Judge. Ratahi struck Lance with a fence paling he had taken and Lance fell to the ground.

Ratahi also pleaded guilty to driving charges laid following the November assault. According to the courts on December 14, 2013 he gave police false details and on May 20 he was detected by police driving while forbidden and again gave false details.

Judge Cooper says Ratahi has previous Youth Court matters and since then has been convicted of some serious property offending.

A suitable home detention address was not available, and a plea for community detention failed because community work sentences cannot exceed six months.

Judge Cooper sentenced Ratahi to 12 months jail on the assault charge, plus four months for unlawful assembly.

With 25 per cent, or four months, lifted for the early guilty plea, 12 months jail was the final sentence.

On the driving charges Ratahi was convicted and discharged, and disqualified from driving for six months.