Man dodges conviction in assault case

After a day of drinking a Dunedin man tried to go to his mother’s home, but instead he entered the wrong house and punched an occupant.

On December 10, 2022, Thomas Patrick Bleach, 28, wandered into what he believed was his mother’s home, but it was occupied by strangers, who he assaulted.

Yesterday at the Dunedin District Court he avoided a conviction for injuring by unlawful act, explaining the incident would significantly impact his work as a commercial foreman.

The court heard that the defendant started drinking at 11am and about 10pm he walked to a St Clair address and banged loudly on the front door of the house where he thought his mother lived.

Bleach opened the door and yelled at the stranger inside: "who the f... are you? This is my parents’ house. I grew up here".

He punched the man in the face before forcing his way into the house.

The victim ran upstairs to alert his neighbours and get them to call police.

Bleach walked through the house before leaving and banging on the neighbour’s windows and doors.

The woman inside called police and sounded her house alarm to scare the defendant away.

Bleach was located by the police on the street behind the addresses.

He told authorities he had consumed a lot of alcohol and he may have walked into the wrong home believing it was his mother’s.

The victim suffered a concussion and struggled with his mental health which led him to take time off work.

Counsel Cate Andersen advocated for her client to be discharged without conviction because his ability to work on certain construction sites would be hindered if he received a mark on his criminal record.

She said the consequences for Bleach were certain and he had done voluntary community work, apologised to the victim and made an emotional harm payment of $2500.

Following a successful restorative justice meeting, the victim contacted the court to ask if Bleach’s charge could be reduced — but it was too late.

"He didn't want to see you suffer further penalty," Judge Jim Large said.

"You clearly demonstrated your remorse for the offending by firstly attending a restorative justice conference.

"Secondly engaging positively with that process and thirdly offering and making an immediate payment towards reparation."

Crown prosecutor Marcail Brosnan said there was public interest in the defendant receiving a conviction as the assault was unprovoked and he had two previous drink-driving convictions.

Judge Large granted the application on the condition that Bleach paid $5000 more to the victim.

felicity.dear@odt.co.nz

 

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