A man who burgled his work premises then assaulted his former partner by shaking her head and ripping out an earring.
He was charged with burglary in Invercargill on November 19, 2020 and assault of a person in a family relationship in Invercargill on December 12, 2021.
In sentencing Judge Walker said that Johns had smashed the sliding door of Southfields, entered the building, stole a cash box, smashed a computer screen and took tools.
Blood found at the scene was DNA matched to Johns.
In his submissions, defence counsel Keith Owen said the assault was at the lower end of the spectrum of offending as was the burglary.
He did not accept the Crown’s submissions in relation to Johns’ sentence.
A first sentencing indication was given by Judge Bernadette Farnan after the burglary charge was laid. She had given the indication of a community detention sentence, he said.
"We’ve gone from first cut of Crown submissions accepting CD [community detention].
"Now we’ve got the sledge hammer out and we want 26 months [imprisonment]."
Crown lawyer Olivia Taylor said the assault was serious and was not low-level offending.
"He shook her head and whilst doing that, sir, ripped her ear lobe and it bled."
In relation to the jump from the initial sentence indication of community detention to one of imprisonment, it was the fact Johns had committed the assault while on bail for the burglary which meant the Crown started the sentencing process again.
Judge Walker said while there was planning and premeditation in the burglary, it was not sophisticated.
He deemed both the burglary and the assault were in the mid-level category of offending.
Judge Walker sentenced Johns to nine months’ home detention and ordered him to pay $4593 in reparation.
His outstanding fines of $6990.65 were remitted and a protection order was made against the victim.
