A former Queenstown man who kicked another man in the head ”as though he was kicking a soccer ball” has been sentenced to community detention.
Scott Charles Bradley, 38, a builder who now lives in Christchurch, appeared in the Queenstown District Court yesterday.
He admitted assaulting Jonathan McDonald with intent to injure him in Queenstown on August 28.
Defence counsel Liam Collins told Judge Bernadette Farnan while Bradley admitted kicking Mr McDonald in the head, he disputed it was intentional.
”Obviously, an incident like this doesn’t happen in isolation … In my submission, obviously we’re not victim blaming … but take into account the conduct of the victim.”
Collins says Bradley had been at a bar in the resort with associates where there had been an altercation with the victim and his associates.
Bradley was not involved in that incident, Collins says.
Ultimately, both groups were removed from the bar and the altercation continued in The Mall.
”[Bradley’s] friend was behind, held down and assaulted and he [Bradley] stepped in and kicked the offender.”
Farnan says McDonald was knocked unconscious as a result of the assault.
The victim sustained two black eyes, two loose front teeth, a split lip and bruising to the head.
He required four root canal procedures, seven days off work, suffered insomnia and nightmares and had financial concerns.
Bradley accepted he had made a ”reckless decision” and while the presentence report assessed him as being suitable for community detention, it also said he had ”a violent propensity” when associating with certain peers and drinking alcohol, she says.
However, he was at low risk of reoffending.
”[You are] working on a high-profile project in Christchurch and [you have] worked on several critical projects. Clearly, when you’re not drinking, you’re a useful member of society.”
Farnan convicted Bradley and sentenced him to four months’ community detention, with a daily curfew from 8pm to 6pm.
He was also sentenced to 80 hours’ community work and ordered to make a $1500 emotional harm payment to McDonald ”forthwith”.