A German work visa holder who headbutted a man in a Queenstown bar last Christmas Eve’s been discharged without conviction.
Julian Dietrich, 27, labourer, was found guilty of assault with intent to injure after a judge-alone trial in Queenstown’s court in August.
At the trial, Dietrich’s victim said he was dancing with his girlfriend at Bungalow about 2.30am when an unidentified older man grabbed her bottom.
After she complained to security staff, the victim approached the bouncers as they were talking to the man and his two companions, one of whom was the defendant.
He intended to check if they knew which of the men had grabbed his girlfriend, but lost his temper and pushed the older man in the chest.
Deitrich then head-butted him, sparking a brief flurry of punches between the pair.
Giving evidence at the trial, Dietrich said the victim had been ‘‘super-aggressive’’ when he came over and pushed the older man, whom he had only met that night.
He exchanged words with the victim, who asked ‘‘do you want a go then?’’
Although he accepted he ‘‘over-reacted’’, the headbutt was a reflex action when he thought he was about to be attacked.
‘‘It was a split-second.
‘‘He was walking towards me, balling his fists.’’
At Tuesday’s sentencing, Dietrich’s lawyer Tanya Surrey told Judge Brian Callaghan her client was on an interim work visa, but intended to apply for residency.
A conviction would reduce the likelihood of that application being successful.
She asked Callaghan to consider Dietrich’s relative youth, clean criminal record in New Zealand and Germany, and the lack of premeditation behind the assault.
Having to leave NZ was a ‘‘potentially devastating’’ consequence of a conviction.
‘‘He accepts this was a foolish mistake, but hopes it doesn’t define his future.’’
Callaghan said the headbutt was a ‘‘reactionary, spontaneous assault’’ that had occurred in unusual circumstances, but Dietrich had over-reacted, and any attack to the head was serious.
The central issue was the impact of a conviction on the defendant’s immigration status.
Even if he granted a discharge, Dietrich would face difficulty gaining residency or further visas.
A conviction would also have consequences for his future employment prospects.
He granted the discharge, ordering the defendant to carry out 150 hours’ community work and pay the victim $1500 in reparation for emotional harm.
Home D for dealer
Learning challenges caused by dyslexia may have contributed to a resort man’s drug addiction and subsequent offending, a judge says.
At the sentencing of Sam Williams, 31, in Queenstown’s court on Tuesday, Callaghan said those challenges had probably put the defendant ‘‘on the outer’’ during his youth, making him more susceptible to alcohol and drugs.
Williams admitted a charge of offering to supply methamphetamine, between January 7 and March 6, after receiving a sentence indication on August 29.
He also admitted a charge of breaching a protection order after two air guns were found at his home.
His lawyer, Hugo Young, asked for a sentence of home detention to enable the defendant to keep his job as a tyre fitter.
He was also prepared to undergo residential treatment to address his addiction.
Callaghan said Williams had a ‘‘reasonably long’’ criminal record, and the latest offending was aggravated by having occurred while he was on intensive supervision.
However, he recognised the defendant had been ‘‘in the grips of an addiction’’ that had driven him into low-level dealing to sustain it.
The protection order breach was the result of the defendant not reading its fine print.
Although that could be put down to his dyslexia, ‘‘he should’ve had someone read it to him’’.
Taking account of the defendant’s guilty plea and positive attitude to rehabilitation, Callaghan convicted Williams on both charges and sentenced him to six months’ home detention at a Frankton address.
He made an order for forfeiture of $1250 cash seized by police at the time of the defendant’s arrest.
