R v Nikolas Delegat [2016] NZDC 17718

Published 14 September 2016

Application for discharge without conviction — Sentencing Act 2002, ss 106 and 107 — assaulting a police officer — obstructing police officer in the course of duty — resisting a police officer — Crimes Act 1961, s 192(2). An application for discharge without conviction was refused (ss 106 and 107). The Judge was required to consider whether the consequences of the conviction would be out of all proportion to the gravity of the offence. The Judge did not consider the consequences put forward by the defendant regarding adverse effects on his career and travel to be out of proportion to the gravity of the offending, which the Judge described as “above moderate”. After becoming “enraged” in a bar the defendant assaulted someone by kneeing them in the face and then seriously assaulted the police officer who was attempting to restrain him. The police officer was rendered unconscious by the attack and suffered considerable injuries as a result. Judgment Date: 12 September 2016.