A district court judge said that locking up a man who assaulted his partner would not help anyone, drawing attention to the lack of psychological assistance available in prison.
Wiremu Ratapu, 25, appeared in the Dunedin District Court this week before Judge David Robinson.
The defendant, who had a head injury and a PTSD diagnosis, was convicted of assault in a family relationship and contravening a protection order after an incident on July 23.
After a night of drinking the man and his partner got into an altercation, which ended with the defendant in custody, where he would stay for about four months.
Ratapu lunged at the woman and threw his wallet at her, leading bystanders to physically restrain the pair.
Counsel Meg Scally said the man needed to attend a residential rehabilitation facility to address his drinking and complex needs, a recommendation that was backed by a Probation report.
Judge Robinson said he would not speculate as to how much relevance the man’s head injury had on his offending but agreed that jail was not the best place for him.
"The longer he spends in custody the further away from any psychological assistance he is," the judge said.
Judge Robinson said it was "disappointing" the man hadn’t been able to access the proper support while in the community and he would focus on a "solely rehabilitative approach".
"The risk to the community is greater if I simply imprison you without providing some structure," he said.
"We need to create an environment where you can engage with the counselling and treatment you so obviously need."
Ratapu was also convicted of aggravated disqualified driving and was sentenced to 24 months’ intensive supervision.
He was ordered to abstain from alcohol.
"I’ve done my bit but I need you to do your bit," the judge said.