A Dunedin man was left with a fractured nose and three broken teeth after he was assaulted in an Octagon bar.
The perpetrators, Phoenix Jack Silva, 21, and Brodie James MacAskill, 21, appeared in the Dunedin District Court yesterday. Silva earlier admitted injuring with intent to injure and MacAskill admitted assault with intent to injure.
The court heard that on March 15, the pair were at Residency Bar, where the victim was enjoying a night out and socialising with a family member.
MacAskill and Silva became aware the victim was using the women’s toilets, which MacAskill took exception to.
When the man came out of the bathroom, MacAskill stopped the victim and began verbally abusing him, calling him a paedophile and showing him the women’s sign on the door.
The victim told MacAskill he thought the toilets were unisex and had done nothing wrong.
An argument broke out and the victim "gently" pushed MacAskill away from him, a police summary said.
Silva responded by punching the victim in the side of his head so hard he fell into a door.
MacAskill pulled him back on to his feet and held on to him.
As he did, Silva tried to punch the man again, but missed.
The victim hunched over and tried to keep the defendants away, but Silva continued the attack with six uppercuts.
Another patron intervened and MacAskill pushed the victim to the floor before he and Silva walked towards the bar.
The bloodied victim got up and after seeking medical attention was diagnosed with a fractured nose, concussion, three fractured teeth and bruising.
The court heard the victim and his family were "horrified" by the assault.
He had to take months off work and missed out on significant events as a result of his injuries.
Yesterday Silva’s lawyer, Deborah Henderson, said while her client did not completely accept the police version of events, he accepted responsibility for the assault.
"He totally accepts that he should not have acted in that way," Mrs Henderson said.
Judge June Jelas took into account the man’s youth, previous clean record and that he had done 14 Stopping Violence sessions since the offending.
She sentenced him to five months’ community detention (with a weekend curfew) and six months’ supervision and ordered him to pay emotional harm reparation of $500.
Counsel for MacAskill Meg Scally argued her client should be discharged without conviction. He was employed operating heavy machinery and a conviction could prevent him from progressing in his career as it would limit the kind of sites he could work on, she said.
She said the defendant was extremely remorseful, had completed Stopping Violence sessions and was still young.
While Judge Jelas accepted MacAskill’s involvement was less than Silva’s, he said he still contributed to the attack.
She accepted the defendant was usually held in high regard.
"It is clear that he has positive personal qualities ... he’s described as respectful, helpful and considerate," the judge said.
But she ruled MacAskill’s circumstances did not warrant a discharge without conviction.
Instead, she sentenced him to two months’ community detention (with a weekend curfew) and ordered him to pay $1000 emotional harm reparation.
