Sentencing — assault — discharge without conviction — gravity of offending — consequences of conviction — Crimes Act 1961 — Sentencing Act 2002, s 106 — Tsyan v Police [2021] NZHC 1264 — Edwards v R [2015] NZCA 583 — Whichman v Police [2019] NZHC 3245 — Dempsey v Police [2015] NZHC 2589 — Nash v Police HC Wellington CRI-2009-485-000007, 22 May 2009. The defendant had pleaded guilty to two charges of assault, and had sought a discharge without conviction. The defendant, along with three co-defendants had engaged in a fight with the two victims during a night out. During the fight, one of the co-defendants punched one of the victims in the face, and the victim fell backwards, hitting his head on the road. The impact caused a skull fracture and brain damage, and the victim died from his injuries. To be granted a discharge without conviction, the Court needed to be satisfied that the consequences of a conviction would be out of all proportion to the seriousness of the offending. After taking into account the aggravating factors of risk of harm and multiple attackers, and the mitigating factors of previous good character, remorse, and the fact that the defendant's role in the offending was less than that of his co-defendants, the seriousness of the offending was assessed as low. The defendant submitted that he was the owner of a business that required regular international travel. Also he had just been appointed to a new role that also required him to travel. Convictions would put his business and new position at extreme risk. The Court was satisfied that those consequences were out of all proportion to the relatively low gravity of his role in the offending. The defendant was discharged without conviction, and ordered to pay $2,000 to a charity. Judgment Date: 25 October 2024