A man who participated in a violent Auckland CBD attack that resulted in the death of popular MMA fighter Fau Vake has been sentenced to 2 years and nine months in prison for manslaughter. 

Daniel Havili appeared during various points during the fight last year to try to stop the violence, Justice Sally Fitzgerald pointed out as he appeared in custody at the High Court at Auckland this morning. 

However it was Havili's final blow that caused Vake to fall to the ground - hitting his head and causing a brain bleed that led to his death days later, said the judge, who described watching CCTV footage of the melee many times. 

"Despite him facing you, he had no opportunity to avoid the punch," the judge said. 

"You yourself were not threatened by him." 

Vake, whose full name is Lifau Tu'iha'aingana Vake, was with sibling Ika Vake on Symonds St at around 2.15am on May 16 last year when the confrontation occurred between them and four strangers, according to court documents. 

Fau Vake was known for training alongside New Zealand's top martial arts fighters at City Kickboxing, but the brothers were outnumbered, authorities said. Fau Vake was taken off life support at Auckland City Hospital nine days after the incident. 

The Vake brothers did not throw any punches themselves and were not the aggressors, prosecutors said during the sentencing in August of co-defendant Ofa Folau. 

Havili also pleaded guilty to assaulting Ika Vake with intent to injure him. 

"You do have an anger management problem which is seriously aggravated by alcohol," Justice Fitzgerald said today, pointing out that he had previously stopped drinking but had picked the habit back up four months prior to the attack. 

"The fact you were drunk was no excuse," she said. 

"Sadly, most one-punch manslaughter cases involve young men who were out late at night drinking." 

Crown prosecutor Claire Paterson agreed with the judge today that the attack was unprovoked. 

Fau Vake died 23 May 2021 from injuries sustained in an attack on Symonds Street. Photo / Supplied 

"He was in no way prepared for that punch," she said. "His hands were down by his sides." 

Defence lawyer Louise Freyer apologised to Vake's family on behalf of her client and acknowledged his actions merited a term of imprisonment rather than home detention. 

"Mr Havili is deeply remorseful and is all too aware of the grief and loss he has caused," she said. 

"Clearly, what must have triggered Mr Havili was verbals between the two parties," she added. 

"There clearly was aggressive talk." 

That, however, would not constitute serious provocation, she acknowledged. 

Three of the four people accused of having participated in the attack have so far pleaded guilty. 

Folau was sentenced to six months of home detention in August. Neither he nor co-defendant Siofilisi Paongo, who pleaded guilty in February to assault with intent to injure and common assault, were responsible for the blows that resulted in Fau Vake's death, authorities have previously pointed out. 

Fau Vake died 23 May 2021 from injuries sustained in an attack on Symonds Street. 

Paongo didn't punch Fau Vake at all, instead assaulting his brother, defence lawyer Nalesoni Tupou said. He is set to be sentenced next month. 

Charges remain pending against a fourth man. He pleaded not guilty and has elected trial by jury later this year. 

As today's sentencing hearing began, a victim advocate read aloud a victim impact statement from Fau Vake's sister. 

She described grabbing the first flight from Australia to New Zealand after being woken up by a call from her crying mother. 

"Why would this happen to such a loving soul?" she asked. "His death was so sudden and uncalled for, which has made it so difficult to accept." 

She described the pain of trying to explain her brother's absence to his 4-year-old child. 

"It's the sadness in her eyes when she looks around wanting to see her real-life superhero," she said, describing her brother as the "heart" of their family and someone who had worked hard to pursue careers in MMA fighting and being an electrician. 

"He was taken away from us by a gutless act," she said. "The hole in our hearts can never be filled."