A drunk student who punched a stranger on the street has failed in his bid to avoid conviction, despite claiming it might thwart his bid to join the army.
Jack William Eager (19) also said he was planning a trip to the United States for a leadership course and considering a career as a teacher — both of which could be affected by a conviction for violence.
But Judge Dominic Flatley said the teen’s claims did not meet the legal threshold.
To be discharged without conviction, a defendant must demonstrate to the court the gravity of the offending is outweighed by the consequences of a conviction.
The judge said Eager’s goals for the future amounted to "no more than vague hopes or ideas".
He accepted a career in the military or education might be affected by the blemish on the teenager’s record, but there was no evidence to show it would provide an absolute bar.
Eager — a second-year English and history student — had pleaded guilty to a charge of assault before he appeared in the Dunedin District Court yesterday.
On May 8 at 11pm, he was "extremely intoxicated" on Great King St when he began to hassle a 28-year-old man and his friend.
The victim, another student, asked Eager several times to leave them alone but he did not.
The defendant grabbed the man’s shoulder as he pushed his bike along and left his hand there for about a minute.
Without warning, he then punched the victim in the mouth, causing a chipped tooth and bruised cheek.Judge Flatley said the victim had subsequently missed study time and struggled to sleep.
"The victim was very upset and angry about what happened. He was out and about, getting on with his life, bothering nobody, and the defendant approached him and his associate, wouldn’t leave him alone, then struck him in the face," he said.
"The defendant was intoxicated but that’s no defence and doesn’t amount to mitigation for what happened."
There was a suggestion, in written material before the court, that Eager suffered from anxiety and used alcohol as a coping strategy.
But the judge said that was not borne out by any evidence.
Counsel Tina William said her client had done five counselling sessions following the incident and would continue to attend.
"Unfortunately, we do have a culture in Dunedin where student drinking is out of control," she said.
Police opposed a discharge without conviction and Judge Flatley agreed the offence was too serious to go unmarked.
"There’s no excuse. There’s no defence," he said.
He sentenced Eager to six months’ supervision, with specific directions to undertake alcohol and anger-management counselling, and ordered him to pay the victim $500.
