Sentencing — assault — discharge without conviction — head injury — impaired state — Summary Offences Act 1981, s 9 — Sentencing Act 2002, ss 106 & 107 — R v Hughes [2008] NZCA 546, [2009] 3 NZLR 222 — Blythe v R [2011] NZCA 190, [2011] 2 NZLR 620 — Z (CA447/12) v R [2012] NZCA 599 — Iosefa v Police HC Christchurch CIV-2005-409-64, 21 April 2005. The defendant appeared for sentence on a charge of assault. He was a police officer who had been searching a person who had been arrested (the victim), when the victim headbutted him. The defendant left the scene then returned shortly afterwards to stand on the victim's feet and stomp on his ankle, before being restrained by colleagues. The defendant sought a discharge without conviction, arguing that a conviction could mean the end of his police career. He presented a report from a forensic psychiatrist that testified that at the time of the offending the defendant may have been suffering concussion caused by the headbutt, which had impaired his judgment and decision-making. In assessing whether the consequences of a conviction would be out of proportion to the gravity of the offending, the Court observed that the victim may have been injured in the offending, but the defendant had pleaded guilty promptly and had attended restorative justice meetings. However the Court also observed that assaults by police officers on persons in custody must be taken seriously. Given the likely impact of a conviction on the defendant's career, and the fact that he had likely been in an impaired state at the time of the offending, the Court chose to grant the application for a discharge without conviction. The defendant was ordered to pay the victim $500 in emotional harm reparations. Judgment Date: 8 April 2021.