New Zealand's top big mountain freeskier Sam Smoothy, of Wanaka, has had his assault conviction quashed in the High Court at Christchurch.
Smoothy (22) was convicted and fined $400 in the Queenstown District Court in November after he admitted punching John O'Sullivan in Wanaka's Uno Bar, last October.
His lawyer, Nicole Murphy, of Cromwell, had sought a discharge without conviction and unsuccessfully argued a criminal record would prevent the New Zealand freeskiing team member from travelling overseas to compete.
Judge Dominic Flatley convicted Smoothy, saying his behaviour would not be tolerated.
But Justice Lester Chisholm allowed an appeal by Smoothy, heard in Christchurch on December 17, and quashed the assault conviction, ordering a discharge without conviction.
Justice Chisolm said Judge Flatley's approach was "seriously flawed", and ordered Smoothy to make a $400 donation to the Salvation Army.
"The court should have been satisfied that the direct and indirect consequences of a conviction would be out of all proportion to the gravity of the offence," Justice Chisolm's decision said.
