The Crown has applied for leave to appeal discharges without conviction granted to a man who assaulted his best friend, wife and daughter in Queenstown last year.
The 58-year-old Queenstown Lakes man, who has name suppression, had earlier admitted the assaults, which occurred on September 14 when he was out with the other parties in the resort.
In the Queenstown District Court in December, Judge John Brandts-Giesen heard the group was in a bar and the defendant had a visceral reaction after discovering a text message between his friend and his wife, declaring their undying love for each other.
The man left the bar but encountered the male victim in the CBD.
He first assaulted his friend and a struggle ensued.
The defendant's daughter intervened and tried to separate the pair - he grabbed her by the throat, pushed her down and held her there, causing bruising to her neck.
When the defendant's wife stepped in, he pushed her and she fell to the ground.
Judge Brandts-Giesen considered the consequences of a conviction for the man were out of all proportion and said while on one level it was a ''nasty assault'', on another it had to be seen in context.
"Really, this is a situation that does your wife no credit and does the [male] no credit,'' he said at the time.
This morning Crown prosecutor Mary-Jane Thomas applied for leave in the High Court at Invercargill before Justice Warwick Gendall for leave to appeal Judge Brandts-Giesen's decision on two questions of law.
Ms Thomas submitted Judge Brandts-Giesen had erred in his assessment of the gravity of the offending - which he found to be at the low to moderate level and, because of that erring, he made a second error in finding the consequences of a conviction were out of all proportion.
Counsel Louise Denton, for the defendant, reiterated the man's actions that night were spontaneous because he had initially removed himself from the situation and did not anticipate seeing the male victim when he did.
"His emotions got the better of him and that was where it all began.''
Along with the stigma of convictions, Ms Denton maintained convictions would have an impact on the man's life, who was otherwise of good character, particularly with respect to potential issues he may have travelling overseas.
While he was in full-time employment, should he choose to apply for another job he would need to disclose them and she submitted the effects on his self-esteem should also be considered.
"He's already had the consequences of his actions, being on bail, going through the court process, which is very daunting for a first-time offender.
"Probably the worst consequence is that he understands and he really couldn't believe the way he reacted that night.
"In terms of knowing what he'd done [that has been] a heavy burden.
"The entire process is a consequence ..."
Justice Gendall reserved his decision.
- For the full story pick up tomorrow's Otago Daily Times
