Joe James Skeggs-O’Donnell pleaded guilty to wounding with intent to injure following the March 2023 incident.
His subsequent application for a discharge without conviction was rejected by Judge June Jelas, who said the potential consequences to the then 19-year-old cited were too speculative to hold any weight.
Skeggs-O’Donnell, who since completed two years of a bachelor of commerce degree at the University of Otago, filed an appeal with the High Court, which was heard last month.
The challenge was filed more than a year out of time because, the student said, he did not initially appreciate the potential impact of his conviction on his ability to secure internships and work experience.
The charge arose after he entered a nightclub (unnamed in court documents) in the early morning, bought a bottled alcoholic drink and made his way across the dance floor.
After a brief interaction, the victim pushed Skeggs-O’Donnell away; CCTV footage showed his hand on the defendant’s throat for about three seconds.
When Skeggs-O’Donnell regained his balance, he smashed the bottle over the victim’s head, then tried to punch him twice.
Skeggs-O’Donnell then left the scene.
The victim was left with visible scars to his forehead and chin, a ‘‘significant impact’’, the judge said.
Police made an appeal for information and Skeggs-O’Donnell then handed himself in.
Counsel Nicholas Chisnall, KC, argued Judge Jelas had been wrong to treat the fact his client was early on in his studies as a negative.
He was also critical of her reference to the Clean Slate Act remedying the situation, given it would involve a delay of seven years to take effect.
Justice Peter Andrew, who heard the appeal in the High Court at Auckland last month, agreed.
‘‘It is particularly important in the case of young people to take a more broad and long-term view,’’ he said.
A report from a forensic psychiatrist noted Skeggs-O’Donnell, who was neurodivergent, had become much more mature over the past 18 months and had been focusing on achieving his academic goals.
‘‘He is well on track for completion of his studies and the pursuit of a career as a chartered accountant,’’ Justice Andrew said.
Affidavits from a recruitment specialist and a banking expert said firms had a zero-tolerance policy to violence convictions and Skeggs-O’Donnell would likely never get a job if his criminal record remained stained.
While the judge was not swayed by arguments over the adverse impact on the defendant’s ability to travel, he said overall the potential consequences clearly extended ‘‘well beyond the threshold of making life more difficult’’.
‘‘There is a real risk that his conviction will deprive him of the chance to reap the benefits of his tertiary studies and become a chartered accountant,’’ he said.
‘‘He is a young man with a promising future and a low risk of reoffending.’’
Justice Andrew granted the appeal and discharged Skeggs-O’Donnell without conviction.
