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New Zealand Police v Golberstein [2024] NZDC 21345

Published 06 November 2024

Ruling — sentencing — discharge without conviction — assault — protest — transgender issues — Summary Offences Act 1981. The defendant appeared for sentence after pleading guilty to two charges of assault. She had attended a protest against a rally organised by the first victim. The rally was to feature an appearance by a controversial speaker from overseas (the second victim). At the protest the defendant poured a bottle of tomato juice over the first and second victims. She was quickly separated from the victims, but then gave an interview to TV news in which she said that what she had done was a protest against the harm that the second victim was doing to the transgender community. The Court observed that the defendant had faced discrimination and violence in her native Columbia, before arriving in New Zealand as a refugee. Since the offending she had been the target of threats and abuse, as had the first victim. The defendant gave a statement expressing regret that her offending had deepened political divisions. The offending was premeditated, and the Court declined to discharge the defendant without conviction. However the Court did state that the offending was mitigated by the defendant's guilty plea, prior good character and work to defend the transgender community. The defendant was convicted and discharged. Judgment Date: 3 September 2024