A 26-year-old father has avoided prison after he was sentenced to 18 months’ probation supervision for a domestic violence charge.

Judge Romeo Nee Nee represented by defence lawyer Michelle Tangimama appeared before Chief Justice Patrick Keane at the High Court yesterday where he was convicted for one count of assault on a female, wilful damage and breaching a protection order.

CJ Keane through an audio visual link said the assault was on the mother of his child last year between January 22 and 23.

He said that on the night of January 22 he went to the mother of his son to meet them at an Airbnb and had repeatedly asked for her phone, became angry when she refused, and was also angry until she unlocked the phone.

He said the defendant refused to go outside and stayed at the accommodation. When he fell asleep, the victim took her phone, he got up, got angry and threw her against the wall, pinned her to the ground and when she ran out he pulled her hair back and assaulted her.

CJ Keane said the victim was frightened and had begged him to stop until a woman next door called the police and stayed with the victim and the child until police arrived.

He said that 10 months later, in her statement- the victim said he- the defendant was essential to the child’s wellbeing.

He said his probation report showed he had acknowledged what he did to the victim and that the child was now with him every second day, he has a stable job and is being mentored by a church leader.

CJ Keane the offence committed was serious as he caused her bruises, ripped her shirt, damaged the property and in the presence of their child causing emotional harm.

He said the defendant had committed similar offences in New Zealand in October 2016 – December 2017 at the age of 17-18 years.

Crown Law prosecutor Tui Scott said in mitigation they acknowledged the defendant made significant attempts to turn his life around, had support letters, and showed remorse.

Scott said he was employed, engaged with the church, he was 25 when he committed the offence and submitted that a community service should be appropriate for his sentencing as he had a number of obligations.

Defence lawyer Tangimama opposed that Nee Nee’s New Zealand conviction to be used in court as it had already been dealt with.

However, CJ Keane said that it was relevant in New Zealand and Cook Islands due to the defendant’s pattern of conduct.

CJ Keane in sentencing said the defendant fully warrants an imprisonment sentence. He said the defendant said in his report that the facts of the case were overstated. However CJ Keane said the victim’s report was understated.

He said he accepted that since then the defendant’s life has been stable, he has put his child first and this was encouraging.

He said that at this age with five convictions of domestic assault- the defendant would have been in jail.

Nee Nee is to also serve six months of community service, attend any counselling and workshop provided by Probation Services and ordered not to leave Rarotonga without the approval of the High Court.