A "football kick'' to the head of a customer has led to seven
months' home detention for a Queenstown McDonald's duty
Rishi Kumar (34) was yesterday convicted of intent to injure
causing injury to a customer on August 30 when he punched the
victim, swung him around, threw him to the ground, stood on
his torso and finally kicked the man in the head.
Kumar then proceeded to "quite calmly'' grab a bucket of
water and return to the scene of the incident to clean up the
Judge Kevin Phillips described Kumar's reaction to a
trespassing customer as "highly unusual'' and did not accept
the defence's statement that Kumar had been fearful or in
"I am trying to work out why you would snap at the victim the
way you did. ...''
"You grabbed his right arm, swung him around and punched him
in the face. ... you football kicked him in the head. None of
that is impulsive is it.''
Defence counsel Phena Byrne said Kumar's reaction was
``impulsive'' and reactive to the intoxicated victim's racial
"It was a busy night, he was struggling to deal with a new
staff member and there was equipment not working.''
"He clearly accepts his behaviour was wholly unsuitable. The
victim has been fair and accepts the part he had to play in
Kumar had been subject to racial abuse and assault earlier
"This part of the premises has gained some sort of notoriety
of late night drunken incidents.''
Judge Phillips said he had taken in to account Kumar's
character references as a "hard working family man'' and his
analysis showing a low level of reoffending.
Kumar has a wife who works at the restaurant, an 8-year-old
daughter and no previous record of assault.
Judge Phillips sentenced Kumar to seven month's home
detention and 200 hours' community work and ordered him to
pay $200 reparation and $2000 in emotional harm reparation by
He said it was likely the Fijian would be investigated by
immigration and be asked to leave.
"It is entirely improbable that you will be able to continue
living in New Zealand."