Two offenders narrowly avoided prison after taking rehabilitative steps, amid warnings from a southern judge that family violence is at almost epidemic levels nationally.
In the Gore District Court last week Judge Duncan Harvey told two separate defendants that because of New Zealand’s near-epidemic domestic violence, the courts were taking a "very hard line".
Gene Raymond Brown, 31, was sentenced for the assault of his then partner in March, followed by Fergus Tipiwai Te Aonui, 40, who assaulted his ex-partner in July.
The court heard Brown’s victim awoke to find him standing over her bed in her Gore house. An argument began and she told him to leave.
While she was still in bed, he punched her in the face and attempted to gouge out her eye.
She pushed him away, struck him in the face and threw his keys out the window in an attempt to make him go.
He then taunted her about the death of her daughter and punched her multiple times on her body, the police summary said.
She was left with broken ribs, a black eye, a bump on her head and swelling to her back and shoulders.
After they had broken up, on June 3, the pair met to exchange belongings and began arguing once more.
The victim threw a perfume bottle at Brown, who threw it back and then threw another bottle at her car, cracking her windscreen.
In July, she told the court that after the assault she did not leave the house for days for fear of being seen in public with bruises.
That night Brown was out to hurt her emotionally as well as physically, saying her daughter’s tragic death six years ago was her fault.
"I think it’s disgusting that he would even bring her up let alone use her as a way to attack me," the victim said.
Despite this, she hoped the defendant would get help by attending a non-violence programme.
"Jail would not benefit his mental health either," she said.
Last week, counsel Scott Williamson said his client suffered two serious head injuries that caused him to "explode in violence".
He said Brown had learned about his behaviour and its triggers from a Stopping Violence course.
Judge Harvey said unfortunately, because family violence was at "almost epidemic proportions", the courts were sending serious offenders to prison.
He was extremely concerned by the "very nasty" incident, but the fact Brown attended the course saved him from being jailed.
For assault in a family relationship, injuring with intent to injure and wilful damage of the victim’s car he was sentenced to 10 months’ home detention.
Te Aonui was looking after two of his victim’s children in Wellington when she came to visit.
During dinner, he became annoyed with one of the children, believing the victim was not helping and looking at her phone.
He said he felt disrespected and punched her multiple times in the face, threatening to kill her until she managed to escape.
The woman received severe bruising to the face and back. Te Aonui later told police he had the right to give her a "thwack".
Following this, the defendant attended a restorative justice meeting with the victim where he acknowledged his "dreadful" offending.
Judge Harvey said the report detailing that meeting was one of the more positive he had read for some time.
The judge also accepted Te Aonui had no previous convictions for violence "of this nature" and it was out of character.
The positive report helped him narrowly avoid prison and for assault with intent to injure and threatening to kill, Te Aonui was sentenced to 12 months’ supervision.
"You need to understand very clearly that this would be the one and only time that the court would act in this way." the judge said.
