The 29-year-old Canterbury man successfully applied for a discharge without conviction, and permanent name suppression, at his sentencing in the Queenstown District Court this week.
Police say he was out drinking with friends on May 10 when one of his associates assaulted the victim’s friend about 12.30am.
When the victim went to help her friend, the man grabbed her and pushed her against a glass window in Skyline Mall, which runs between Queenstown Mall and Cow Lane.
When she swung her arms to try to release his hold, she connected with his face. In response, he swung her around, punched her four times in the back of her head and threw her to the ground.
She was then kicked and dragged along the ground by another attacker before she managed to escape.
The defendant, who was arrested nearby a short time later, was charged with assaulting a female.
The victim, whose name was also suppressed, told the court she had suffered concussion and bruising to her legs, hips and arms.
She had been forced to take time off work, could not drive for six weeks, and had problems with her memory and ability to concentrate.
She had also been suffering from anxiety, for which she was seeing a counsellor.
"I really thought Queenstown was a safe place, but this has shattered that belief for me."
However, when the defendant’s lawyer told Judge Catriona Doyle the police’s evidence did not give enough context for the defendant’s actions, she asked to watched CCTV footage of the incident before making her decision.
The footage showed the victim having an altercation with another woman before the defendant had tried to keep them apart by restraining her, Judge Doyle said.
"It was only after the victim punched [the defendant] in the face twice, shoved her hand or elbow into his face, and then punched him in the neck, that he’s then punched her and thrown her to the ground."
Another woman had then repeatedly kicked the victim as she lay on the ground, which could have caused some of her injuries.
The footage had given her a wider context for the defendant’s actions, the judge said.
In a rapidly escalating situation, he had "responded very badly to the victim's attempts to free herself from his grasp".
"It was an assault for him just to restrain her, let alone then punch her and throw her to the ground."
She was not blaming the victim for trying to get away from him "using whatever means were available".
As a woman, and being much smaller than the defendant, she had been "inherently vulnerable".
Judge Doyle said it was common for young men to come to the resort, "get liquored up or take drugs", then assault other young men or security staff.
"If people come to Queenstown and behave this way, then hope they can leave it all behind them with no permanent record, that’s not how it works."
However, the defendant had admitted the charge, despite disputing part of the police’s account.
He had also been willing to have a restorative justice meeting with the victim and to pay her $1000 reparation for emotional harm.
A conviction would be a blemish on his otherwise clean record, and although it would not affect his current job, would likely have consequences for his future employment.
He also held a governance role and having to disclose a conviction to the organisation’s board would potentially put it at risk.
Therefore she was satisfied the consequences of a conviction would outweigh the seriousness of his offending, and a discharge without conviction was an appropriate response.
She ordered the defendant to pay the victim $1000 reparation.
