Mechanic ‘shocked’ with his actions

Photo: Getty Images
Photo: Getty Images
A Queenstown mechanic "lost it" on a night out in the resort’s CBD after being pushed from behind, and assaulted a bouncer.

In Queenstown’s court on Monday, Judge Michelle Duggan said Taine Joseph Flatman-Williams, 28, of Jack’s Point, was in a bar about 1.30am on March 25, where there was "some concern" about him and another man.

The other man was removed from the premises, but Flatman-Williams refused to leave.

He was walked from the bar and released, then "took a swing" at the doorman, hitting him to the left side of the jaw.

The defendant managed to re-enter the bar and was again physically removed.

Judge Duggan said once Flatman-Williams was outside he was pushed and fell to the ground.

"He got up and punched the victim three or four more times."

Lawyer Tanya Surrey said the incidents happened in "a very, very quick series of events".

"The defendant has lashed out and lost it, really, because he was pushed from behind.

"He was severely affected by alcohol and doesn’t usually drink.

"He’s completely and utterly shocked to find himself here, as are his family and friends."

She sought for Flatman-Williams to be discharged without conviction so he could be given a second chance "without the stigma and blight on his record".

The primary consequences of a conviction were potential impacts on his future travel plans and career prospects, including a P licence, which he already held, and other regulatory licences he may apply for in the future.

He was also willing to participate in restorative justice, had completed 100 hours’ voluntary community work at Hospice, and may continue to volunteer there, and was willing to make an emotional harm payment.

Flatman-Williams had been on bail since March and there had been no issues in the intervening period and submitted when the "substantial list" of mitigating factors was taken into consideration, "that greatly reduces the seriousness and gravity of the offence", she said.

However, Judge Duggan said an aggravating factor was the punch to the head, which resulted in the victim having three days off work.

He hadn’t been assaulted before and, according to his victim impact statement, given in April, felt "on edge" around strangers and was nervous and anxious at work.

Flatman-Williams’ employer had provided a "glowing" reference and there was no evidence his job was at risk as a result of the prosecution.

While his P licence may be reviewed, there was no evidence showing an appreciable risk he would lose that licence, and there was also no evidence a conviction would present any more than a "vague risk" for future travel.

Ultimately, she refused the discharge, convicted him and ordered him to make a $500 emotional harm payment.

Visitor’s ‘fall from grace’

A Waikato driver flew into a rage and threatened to hunt a female down and kill her after being asked to provide photo ID and a bank account — via text message — when checking in to his Queenstown accommodation last month.

Darren Neville Murray, 49, was subsequently charged with threatening to injure a person with intent to frighten them, and failing to comply with a direction of police, namely supplying a photo and fingerprints, in the resort on September 20.

After admitting the charges before Judge Duggan, by audiovisual link, in Queenstown’s court on Monday, defence counsel Paige Noorland described the incident as a "fall from grace" and behaviour that was "completely out of character".

Murray and his family had travelled to the resort for their first holiday in four years, having pre-paid $1400 for the accommodation.

On arrival there was a "fallout" with the operator of the accommodation when he was asked to provide the personal information by text, in contrast with Booking.com policy and procedures.

He refused to provide the material and "unfortunately, he’s conducted himself in a poor manner," Ms Noorland said.

"He’s certainly not proud of it."

Judge Duggan said she struggled to understand how Murray "could have lost the plot so badly".

"I get that this would have all been really frustrating, but ending up threatening to hunt someone down and kill them is not something I can, in any way, understand by way of a reaction."

On the threatening language charge, he was ordered to pay $500 emotional harm reparation to the victim and was fined $200, and was fined a further $300 on the failure to comply charge.

 

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