The brother of Merivale man Lance Scullin, who was found dead outside his home the day after being hit with a fence paling, believes the Crown should re-investigate the case.

The call comes after a man who attacked Lance the night before his death was this week given what Lance's brother Nicholas Scullin says is a ‘disappointing' sentence.

Nicholas Scullin next to where brother Lance Scullin was found dead at his Merivale home on November 31 last year. Video: Ross Brown.

Mihaka Ratahi, 22, was jailed for 12 months in Tauranga District Court on Monday for assaulting the volunteer security guard with a weapon, namely a fence paling, and unlawful assembly outside the victim's home in Merivale on November 31, 2013.

The 50-year-old security guard and Neighbourhood Watch member was found dead in the backyard of his property in Kesteven Ave by neighbours at about 10am on December 1, 2013.

The Court heard about 10 hours earlier Lance was assaulted with a fence paling when he went to the aid of members of the public in a dispute with a group of youth outside his property.

Lance suffered minor injuries and did not wish to lay a complaint with police.

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

But eight months on younger brother Nicholas has unanswered questions and feels there's a link between the attack and Lance's death.

In an emotional interview with SunLive, the 48-year-old says the sentence handed down has emotionally torn the family again.

'I think the guy [Ratahi] that used the fence paling could get a bit more time. To think he got supervision after these 12 months is just not enough,” says Nicholas.

'We have lost a valued family member and this is how we feel today. He [Lance] was a great dad to his kids.”

Nicholas believes the Crown should re-investigate the case and says Lance would be alive today if the attack hadn't happened.

'We want to see if there was a bleed in his brain where he got hit. We don't think they have done a thorough enough job in finding out what actually happened.”

Lance grew up in Hawke's Bay before moving to Tauranga more than 10 years ago.

Along with his security skills he had passion for turning his hand as a painter and decorator.

Lance's death forced Nicholas to move back into the Kesteven Ave home the brothers co-owned in February. In 2007 Nicholas moved to Napier with his daughter following a home invasion at the Merivale property.

Nicholas says he emotionally relives painful memories of his brother daily with his daughter Charlotte, 18, and son Leo, four, along with partner Mariah and her two children Danielle, seven, and Sean, five.

But he constantly feels for Lance's three children, who no longer get to see their father.

'They are finding it really tough that he is not around. They have got his ashes on the mantel piece and go in and tell him about their day every day.”