Man strangled woman then performed CPR on her

Photo: ODT files
Photo: ODT files
A Dunedin man told police he should not have been arrested for strangling a woman because he "saved her life" with CPR.

Ozan Bay (29) appeared in the Dunedin District Court yesterday after pleading guilty to charges of strangulation, assault in a family relationship and breaching a protection order.

The victim described last year’s incident as "terrifying" but said she forgave him.

"I believe he lost control and he didn’t mean to do what he did.

"I think he deserves the opportunity to get on with his life."

Judge Jim Large praised the woman for her "humane" stance.

"[It] speaks volumes about her, not about you," he told Bay.

The first instance of violence took place in the victim’s home on July 23 last year when a dispute ended with the defendant grabbing her arm and slapping her in the head several times.

Just two days later a similar spat arose, the details of which cannot be published in order to protect the woman’s name suppression.

Bay straddled her on a bed and gripped her with both hands around her neck.

The pressure he applied was such that the victim almost lost consciousness.

As she struggled to keep her eyes open, she pleaded with Bay to stop.

When he eventually did, she struggled to regain her breath and the panicked defendant called an ambulance before performing CPR.

Police spoke to Bay and he explained why he should not be charged over the incident.

"In explanation, the defendant stated he believes his arrest is unlawful as he is responsible for saving the victim’s life," a summary of facts said.

Judge Large highlighted the flawed logic.

"Mr Bay, you didn’t save her life. You were the one who endangered her life.

"If you hadn’t attempted to strangle her there would’ve been no need for an ambulance to have been called.

"[Being strangled] would’ve been a terrifying event for your victim."

While the woman said the physical effects had been fleeting, it had taken time to come to terms with the emotional fallout.

"I want the court to know I’m strong, I’m not naive and I’m in a good place. He still has to live with this and he will carry this for the rest of his life."

Bay’s protection-order breach stemmed from his arrest on July 27 when police found a cut-down, loaded air rifle in the back of his car.

Counsel Deborah Henderson said her client was now undertaking an anti-violence programme and was determined to address his drug issues.

Taking into account Bay’s six months in custody on remand, as well as five months on electronically monitored bail, Judge Large sentenced him to six months’ home detention. A protection order was granted in favour of the victim.

An Otago Daily Times application to photograph the defendant was declined by the judge.

rob.kidd@odt.co.nz

 

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