‘The victim continues to require physical and cognitive assistance’

A man involved in an assault which left the victim with minor brain damage has been convicted and fined.

Turuariki Baxter appeared in the Criminal Court on Wednesday on a charge of common assault.

Lawyer Mark Short appeared on his behalf, saying it was unfortunate his client did not have enough money to pay for a defended hearing.

It had been almost a year since the incident and Short said he wanted the court to show leniency because his client had been under stress.

Short said he had no objections to police submissions, asking that a fine be imposed.

“Because it has been over 11 months, I ask for a fine.”

Short said the defendant had seen his two friends in a fight as he was exiting The Islander Hotel on December 16, 2022, and he jumped into help.

“Everyone was fighting, he jumped into help.”

Short also asked the court to lift restrictions on his client around the consumption of alcohol.

Baxter had been without alcohol for nearly 12 months and Christmas was not far away, the lawyer said.

The court heard Baxter’s wife was not happy with him, as it had almost been 12 months, he had been compliant, and was the breadwinner in his family.

Justice of the Peace Tangi Taoro said, while the victim was knocked out during the assault, the punch Baxter landed was not the cause, but may have contributed.

A copy of a brain trauma report had been presented and showed the victim required ongoing assistance, showing the severity of the attack, concluding that the victim had sustained brain damage.

The court noted the assault by the defendant did not contribute to the brain damage.

Probation had recommended a sentence of 12 months of probation, with conditions including non-consumption or purchase of alcohol.

JP Taoro acknowledged the defendant had been on bail conditions for 10 months.

In reading the summary, JP Taoro said the assault took place about 11pm when a fight started at the hotel.

The victim was assaulted by others according to witness accounts and Baxter was seen punching the victim.

He admitted to the facts.

Baxter had been with his partner for eight years and had a daughter, he was employed with a weekly income of $700.

He had apologised while his employer said he still drinks, but not as much.

The victim recalled going to the bar that evening and recalled getting ready to leave before waking up in hospital.

Upon examination, concussion was noted while a report from New Zealand concluded the victim had sustained a moderate trauma brain injury.

The victim continued to require physical and cognitive assistance, while managing to continue working.

Baxter had no prior convictions and had been compliant with bail conditions, but the court was still “alarmed at the seriousness of injuries”.

Baxter was fined $200, ordered to pay $20 towards medical expenses and court costs of $50.

“You were remorseful, the court hopes you stay remorseful and continue to stay out of trouble,” JP Taoro said.