A domestic assault which lasted hours in Queenstown last year and eventually spilled outside led to both parties being convicted in the Queenstown District Court yesterday.
Hsien-Chen Chiu (34), of Taiwan, admitted assaulting a female, Hsien-Chen (Fion) Yeh, between September 1 and 2, while Yeh (35), also of Taiwan, admitted assaulting Chen with intent to injure him.
Both applied for discharges without conviction but both applications were declined by Judge Dominic Flatley.
Judge Flatley said the couple was visiting Queenstown and on September 1 Chen, who works in the snowsports industry, had been skiing.
When he returned to their accommodation an argument began during which Yeh attacked him, "scratching at his chest, neck and face''.
It appeared Chen pushed Yeh who fell, got back up and continued her attack.
She was pushed away again, this time into a wall, she got back up and attacked Chen for a third time.
Judge Flatley said the pair then began to "wrestle'' - Chen placed Yeh into a "bear hug'' from behind, and put his arms around her in a "head lock''.
"She thrashed about and bit Mr Chen on his arms and face. Eventually they parted.''
Chen then slapped her twice across the face with an open palm.
The couple, who are still in a relationship, continued arguing and wrestling "for a couple of hours before moving outside''.
The property manager witnessed the fracas and called police.
Yeh received minor bruising to her neck and face and a small cut to the inside of her mouth, while Chen sustained scratches and soreness.
Judge Flatley said the incident was "prolonged'' and while neither party had a criminal history, the assaults of each were to the head and face areas.
Both were remorseful, had taken the matters seriously and had returned from overseas for yesterday's hearing.
Judge Flatley found the offending in the "low to moderate'' category, but made a point of saying it was "not minor''.
But he could not find any real consequences of a conviction which would support either or both escaping conviction.
While Yeh was a permanent resident and defence counsel Liam Collins submitted a conviction for her may impact her ability to support Chen in New Zealand, Judge Flatley was "not entirely convinced about that''.
Chen's lawyer, Joseph Mooney, argued a conviction for his client could impact on his ability to work overseas in the future.
Judge Flatley, however, said he was concerned about impacts of a conviction in New Zealand.
There was no evidence to suggest either would be living in New Zealand "at this time'' and how a conviction in New Zealand impacted on matters for defendants in other countries were matters for those countries.
"In my view, this type of violent offending must be appropriately marked.
"It cannot be minimised. Consequences can result in changed behaviour not only for those directly involved, but for others, and the message needs to be sent loud and clear.
"I cannot be satisfied that the consequences of a conviction here outweigh the gravity of the offending.''
Both defendants were convicted and discharged.
