Man bashed for defending sister’s honour
A man who defended his sister’s honour when she was receiving unwelcome attention in a city bar was put in hospital by the punching and kicking that followed.
His attacker – a Briton in Christchurch to repair the city’s underground cabling – asked for a discharge without conviction because the offending on his record would affect his prospects for travel and work as a police officer or local government employee.
But Christchurch District Court Judge Paul Kellar ruled that out at 27-year-old Barry James Smith’s sentencing, and ordered him to do 40 hours of community work, pay a $250 fine, and pay $2000 emotional harm reparations to his victim.
Smith has been in Christchurch on a working visa, but has tickets to travel to the United States in September. Defence counsel Phillip Allan said the assault conviction meant he may be refused entry.
Smith had pleaded guilty to charges of offensive behaviour – reduced by the police from indecent assault – and intentionally injuring the brother.
Mr Allan said the offending was out of character and Smith had no other convictions. He had gone out for the evening from the backpackers where he was staying, and had become extremely drunk before offending in a significant way.
He argued that the consequences of the conviction would be disproportionate to the gravity of the offending and a discharge should be granted.
But Judge Kellar said the criminality was high and it was serious offending involving an attack to the head and kicking during “a drunken act of violence”.
The incident took place about 1am on March 1, at The Irishman bar in St Asaph Street, after Smith walked up behind a young woman who was standing next to a table, and became “flirty”.
He grabbed her buttocks, moved his hands up to the waist, and held her by the waist while he pushed his body against hers, before kissing her on the cheek.
“All of this was completely unwelcome,” said the judge. He continued to be annoying to her, trying to get her attention and grabbing her shoulder. She said “No” twice.
“Her brother, as one might expect, approached you and spoke to you about the way in which you were behaving towards the sister,” said Judge Kellar.
When he asked Smith to stop, Smith slapped him in the face.
The brother retaliated by striking Smith in the face, said the judge.
There was a further exchange of words, and then the brother turned and walked away.
Smith then punched him in the back of the head, knocking him to the floor, and kicked him three times in the body.
The brother was taken by ambulance to hospital and remained overnight for observation because of the concussion. Hospital staff said he must have lost consciousness during the assault. He had dizziness for a week, and had recurring severe headaches and was scheduled to have a brain scan.
The attack has left the brother and sister anxious about going out in public.
Judge Kellar noted that Smith had expressed genuine remorse, had a previous good record, and was offering to pay meaningful reparation of $2000.
But he said: “It is not for this court to effectively hide an offence of this nature either from the immigration authorities or the police or local government as a prospective employer. A conviction of this nature would be highly relevant. The consequences of conviction simply don’t outweigh the gravity of the offence.”
Category: News
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