Nothing could justify attack, judge tells man who punched victim in mouth

A former Queenstown man who thought he had been insulted in Spanish punched his victim so hard it caused injuries requiring $20,000 in medical treatment, a court has heard.

Whererangi Leighen Tuhakaraina-Patena (24), fencer, was socialising in the resort town’s CBD on August 17 last year when he became agitated after a disagreement with two locals.

He told police he later saw the two locals talking to the victim, who "said something in Spanish".

He chased the victim and punched him in the mouth with a right hook, the force of which knocked the victim on to his back on the pavement.

The victim was taken to Lakes District Hospital for treatment for a bruised jaw and a cut lip.

He also needed emergency dental treatment, but could not be seen for a fortnight because of the Covid-19 lockdown.

The punch severed ligaments connecting a tooth to the socket, requiring the insertion of titanium screws.

Three other teeth suffered nerve trauma, and he required root canal work, repairs to two cracked incisors and enamel treatment.

During the two weeks he waited for dental treatment, he could not eat solids and lost 5kg.

In a victim impact statement, he said a long-term head injury caused by the punch had impacted his whole life.

Tuhakaraina-Patena, who appeared by audiovisual link from Hamilton, where he now lives, was sentenced by Judge Alastair Garland in the Queenstown District Court yesterday on a charge of injuring with intent to injure.

The defendant had earlier accepted a sentence indication given by Judge Russell Walker on April 11.

At that hearing, counsel Tanya Surrey said the offending was "fuelled by alcohol".

Judge Walker said there was too much offending of that type in the resort town.

"Young men, late at night, affected by alcohol ... lash out at others with serious, and sometimes fatal, consequences.

"Whatever you say was said to you ... it does not justify, in any way, a physical response, let alone a punch to the head."

At yesterday’s sentencing, Judge Garland said he would adopt Judge Walker’s recommendation of 22 months’ prison, converted to home detention.

He imposed a final sentence of 10 months’ home detention, with conditions to enable intervention for any drug and alcohol issues, including for six months after the term of home detention ended.

He ordered the defendant to pay the victim $20,000 reparation for his medical treatment bills.

 

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