A young woman who threw a bottle in her victim’s face has been discharged without conviction because she "shows promise".
Jessica Leigh Coetser, 18, appeared in the Dunedin District Court last week facing a charge of injuring by unlawful act in such circumstances that if death had been caused she would be guilty of manslaughter.
"The word ‘manslaughter’ will put you on the back foot. Imagine explaining something to an employer with the word manslaughter in it," Judge David Robinson said.
Before the September 23 incident, Coetser had been trespassed from the local bar in a small South Otago township — also the victim’s workplace.
This "annoyed" Coetser, court documents said.
Both women were out socialising — in different vehicles and both consuming alcohol.
Friday night turned into Saturday morning and about 2am Coetser was intoxicated, resting in the back of her friend’s car.
Hoping to address the tension between the pair, the victim approached the defendant opening the back door of the car and nudging her.
Coetser awoke violently.
She grabbed a glass bottle from under the front seat and threw it at the victim’s head, connecting with her upper lip and forehead.
Another bottle quickly followed, narrowly missing the woman.
The victim suffered a 5cm laceration to her upper lip which required three stitches — leaving a permanent scar.
"Glass bottles can cause really horrific injuries ... I think it’s a matter of luck that a more serious injury didn’t result," the judge said.
Counsel Jim Takas argued for his client, saying it was an "impulsive action" that "would not have happened if [the victim] had not opened the door".
"It was an unfortunate incident, almost in the nature of an accident," Mr Takas said.
Judge Robinson was sympathetic: "When you wake up a drunk, you have to stand back. Their behaviour is a bit unpredictable."
Mr Takas urged the judge to consider a discharge without conviction, arguing the consequences of a conviction were out of proportion to the gravity of the offending.
"At the age of 18 with a conviction, there are a whole pile of consequences that occur ... loss of self-esteem or pride, embarrassment ... material loss when you are seeking employment," the judge said.
Mr Takas said Coetser had dropped her studies and moved back to live with her mother.
"Her future plans are on hold."
Judge Robinson said the starting point could be as high as 10 to 13 months’ imprisonment.
Self-induced intoxication was not a mitigating factor, however the defendant’s age was what convinced the judge to grant the discharge.
"If this occurred 30 days before, you would have been in Youth Court ... ultimately you would have been discharged," Judge Robinson said.
"I think you show promise. You would not be able to reach your full potential if you would be convicted on this matter."
Coetser was ordered to complete 100 hours of voluntary community work and attend 10 counselling sessions.
"I suggest you have a long think about your relationship with alcohol," the judge said.
