Toothache led to assault on partner

Invercargill District Court. PHOTO: ODT FILES
Invercargill District Court. PHOTO: ODT FILES
A man who was suffering from toothache became so angry with the pain, the noise of children and comments made by a visitor to his house, he hit his partner in the back of the head.

Nevin Whiakai Trainor (30) was sentenced yesterday after pleading guilty to assaulting his former partner, escaping police custody, dishonestly taking a motor vehicle, driving while forbidden, driving while suspended and sustained loss of traction.

The offending happened in Nightcaps, Invercargill and Ohai between November 9, 2021 and March 23.

His former partner was described as a brave lady by Judge Kevin Phillips, after she read out her victim impact statement in the Invercargill District Court yesterday.

She said the assault had broken her heart and she had suffered anxiety and sleepless nights as a result.

"I really hope that you can never ever put a hand on a woman. I have forgiven you but I have not forgotten that day," she said.

The woman hoped Trainor continued to receive the support he needed.

Judge Phillips said Trainor threw a tantrum while suffering toothache on the day of the assault and was yelling and shouting at his former partner as she tried to get him a dental appointment.

He became angry as the noise of children elevated in the house and a visitor made a comment about how angry he appeared to be.

It was then Trainor punched his former partner in the back of the head and then flipped the couch she was sitting on, causing her to fall to the ground. She left as he threw items at her, Judge Phillips said.

While Trainor had previous convictions for violence, none were for assaulting a family member and there had been no violence convictions during the five years prior to the assault.

As Trainor had already spent 178 days on remand in prison, Judge Phillips sentenced him to six months’ community detention, 12 months’ intensive supervision and disqualified him from driving for six months. Trainor received a discount for his guilty pleas, remorse, health issues and also for having to deal with the death of his cousin who was in Invercargill prison when he took his own life.

At the request of his former partner, Judge Phillips also imposed a protection order.

karen.pasco@odt.co.nz

 

 

 

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