Sentencing — application for discharge without conviction — indecent assault — deportation — Boys v New Zealand Police [2024] NZHC 2132. The defendant had pleaded guilty to two charges of indecent assault. He applied for a discharge without conviction on the basis that a conviction would likely result in him being deported back to Tonga. The offending occurred at a bar, where the defendant had touched two different women in the genital region over their clothing. The defendant said he had consumed a significant amount of alcohol that night and had little to no recollection of the offending. In considering an application for a discharge without conviction, the Court had to assess the gravity of the offending, the likely consequences of a conviction, and whether the consequences were out of all proportion with the gravity of the offending. The Court assessed the offending as moderately serious. In mitigation, the Court noted that the defendant was of previous good character, had pleaded guilty, was remorseful and had taken rehabilitation steps. The main consequence, as submitted by the defendant's counsel, was that the defendant would likely be served with a deportation notice. The Court did not consider that this consequence was out of all proportion with the gravity of the offending. The victims were entitled to feel safe in a public setting. The Court declined the application for a discharge without conviction. The Court also declined the defendant's application for final name suppression on the basis that the high threshold of extreme hardship had not been met. In setting a sentence, the Court took into consideration that the defendant was in employment, had taken steps to rehabilitate himself and had undergone counseling. As such, there was no punitive aspect required. The Court convicted the defendant and order him to pay each of the victims an emotional harm repayment of $750. Judgment Date: 28 November 2024.