It was "not inconceivable" two Mexican kitchen-hands arrested in Queenstown on assault and injuring charges would be sent to jail, Judge Dominic Flatley said in the Queenstown District Court yesterday.
Mario Becerra Malo (19) faces one indictably laid charge of assaulting Tony Wild on January 31 at Queenstown.
He is jointly charged with Luis Daniel Rivera-Caro (20) with injuring David Dorset with intent to cause grievous bodily harm, also laid indictably.
The pair were arrested on February 5 after police sought assistance from the media to identify them.
The incident occurred at 5am on January 31, at the ASB cash machine on Camp St.
A 35-year-old man using the machine said he was attacked, sustaining a suspected broken nose and losing two teeth.
A friend of the victim chased the men and reported being assaulted in Cow Lane.
Duty solicitor Tony Oxnevad appeared on instruction from Malo's counsel, Sonia Vidal, seeking an indication of sentencing for her client.
However, Judge Flatley refused, saying the offending was serious.
"There is obviously a concern in this town about this sort of offending, given what's happened during recent months.
"There are far too many attacks on individuals late at night or during the early hours of the morning.
"In some cases, people have been killed."
Judge Flatley said the police summary of facts and the victim impact report read "very badly".
"I'm not going to give you an indication of sentencing.
"I don't see how a sentencing indication impacts on whether or not your client is going to plead guilty or not guilty.
"One doesn't decide guilt based on what the outcome is going to be."
The pair were both remanded on bail to the same address, without plea to March 22.
Bail conditions included a 7pm to 7am curfew, non-communication with the complainants; not to go to or be found within 1m of Fresh Choice supermarket; not to be on licensed premises; not to consume any alcohol or drugs; to surrender their passports; and not to associate with each other outside of their bailed address while on bail.
