Judge decries man’s ‘self-defence’ claim in assault

A Dunedin man who punched his ex-partner because she would not go home with him originally told police it was self-defence, a court has heard.

"You and I both know that was just an absolute crock," Judge Kevin Phillips told him in the Dunedin District Court yesterday.

Kurtis John Lawrence Hotchin (27) eventually pleaded guilty to two charges of injuring with intent to injure.

He and his girlfriend had broken up in January last year but the pair were out socialising with friends and family on September 23.

Hotchin had harboured romantic feelings towards her despite the split, the court heard.

"She made it clear that though you remained as friends, it wasn’t going to happen," the judge said.

"You weren’t too happy with that at all, really."

Just after midnight, the woman decided to go home.

Hotchin asked if he could accompany her and she refused.

She called a taxi while the defendant pursued her, repeating the same request.

Eventually, "in frustration", the woman turned around, struck her ex-boyfriend in the face and fled down St Andrew St.

It was not enough to deter Hotchin, who continued to trail her.

After 30 seconds, he punched her in the right eye from behind, knocking her to the ground.

When the victim’s cousin stepped in to protect her, Hotchin hit him, too.

"Then you showed your true colours by running away," Judge Phillips said.

The defendant’s ex suffered bruising to her eye which took three weeks to clear up, while her cousin needed five stitches to a facial gash.

The male victim was undertaking postgraduate studies at the time, which had to be put on hold while he recovered, the court heard.

Defence counsel Andrew Dawson argued Hotchin was not acting normally at the time because two weeks earlier he had been the victim of an assault in Wanaka.

"He was in a period of shock for quite some time," Mr Dawson said.

But, the judge said, Hotchin’s history spoke to his violent nature.

In 2011, he was convicted of assaulting a female and three years later he was back in court on a charge of assault with a weapon.

"Your behaviour can only be looked at properly as deplorable and concerning," Judge Phillips said.

And it was sadly indicative of a wider problem.

"It is of alarm to the court and the community that people don’t seem to be able to be within that area after consuming alcohol at bars in the Octagon and Stuart St area without some sort of violence taking place," he said.

Hotchin was sentenced to four months’ community detention (with a weekend curfew), 150 hours’ community work and nine months’ supervision.

He was also ordered to pay each victim the "token amount" of $400.

rob.kidd@odt.co.nz

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