Malachi Taheke Sourkea Sem-Cheyne, 20, appeared in the Dunedin District Court this week after earlier pleading guilty to injuring by unlawful act.
He successfully persuaded the judge a conviction for the crime would disproportionately impact his employment, ability to travel and affect his future in general.
The court heard that on August 24, the defendant was at Suburbia Eatery and Nightlife bar in Stuart St.
About 1.20am, the victim walked in to use the toilet before heading upstairs to leave.
He was near the top of a 14-step stairwell when Sem-Cheyne punched him in the eye causing him to tumble down the stairs and land on the concrete floor below.
The victim was taken to hospital where doctors feared he may lose his sight because of the pressure behind his eye.
An operation was so urgent, it had to start before anaesthetic had time to work, making the surgery ‘‘unbearably painful’’, the court heard.
The victim opposed Sem-Cheyne’s application to be discharged without conviction.
He needed time off work due to his injury, meaning he could not provide for his family who relied solely on his income.
The attack affected him emotionally, he experienced low mood, periods of anxiety and still worried about developing glaucoma (a condition that can cause blindness, often developing due to high eye pressure).
Counsel Anya Maule said her client could not remember the assault due to his level of intoxication, but was truly sorry.
A conviction would have ‘‘immediate consequences’’ for Sem-Cheyne, who was employed as a ‘‘youth co-ordinator’’ support worker at a not-for-profit charitable trust for vulnerable people.
‘‘He would be precluded from continuing in his employment to the extent that he has been,’’ Ms Maule said.
‘‘He would not be able to work with any children, which is the majority of clients within the organisation.’’
She highlighted the defendant’s youth and that his ability to travel overseas would be impacted.
Judge Emma Smith said Sem-Cheyne was a man of good character.
‘‘This is perplexing,’’ she said.
‘‘You’re offending was hideous, and it was vile, and it was gratuitous and it caused so much harm.’’
The judge acknowledged the counselling he had done since the offending and his remorse.
The most persuasive factor in the defendant’s application was his young age, she said.
Judge Smith ordered Sem-Cheyne to pay $5000 emotional harm reparation to the victim.
