A Tauranga woman who thrust a glass into the face of the man who bumped into her at a local pub, leaving him with a 10cm gash on his face, has avoided jail.
Kelly Teasdale, 21, of Hairini, was instead sentenced to nine months' home detention, after she pleaded guilty to a charge of injuring with reckless disregard for the safety of the complainant.
In Tauranga District Court last week, Judge Thomas Ingram told Teasdale that the starting point for sentence must be three years prison given the nature of the unprovoked violence and the extent of the injuries her victimsustained.
The court was told that the broken wine glass ended up buried in the right cheek of Teasdale's victim just below his ear after he had accidentally bumped into her while he was socialising at the Cornerstone Bar on May 13.
Teasdale who was at the bar celebrating her mother's birthday described her condition to police as being "moderately intoxicated".
The bar was full of people and as the victim attempted to negotiate his way through the crowd he bumped into Teasdale who was walking past with a glass of wine.
When the victim threw his hands in the air and attempted to apologise over the loud music, she thrust the glass into his face with such force it smashed, and nearby bystanders' clothing was spattered by the blood which spurted from the wound.
Teasdale then started punching and hitting the victim until she was restrained by bar staff.
Her victim was immediately taken to Tauranga Hospital and more than 40 stitches were needed to repair the 10cm gash on his right cheek.
In explanation Teasdale told police she was touched inappropriately earlier in the evening and thought the bump she received from the victim had come from the same person.
She stated she could not recall the exact moment she struck the victim but remembered seeing the blood.
Teasdale's lawyer Tony Balme argued for a sentence something less than home detention.
Mr Balme said his client, who described herself as a "gentle and quiet person", someone who abhorred violence, had intended to slap the victim and did not realise she had a glass in her hand.
A restorative justice meeting held between Teasdale and her victim had resulted in a good outcome as he had accepted her apology, he said.
Mr Balme said Teasdale had accepted full responsibility for her actions and acknowledged her reactions to the situation were inappropriate but it was "out-of-character behaviour".
Luckily the victim's wound had healed well and because it was close to his right ear, the scar was able to be covered by his hair, he said.
Judge Ingram said the stark reality is that someone burying a glass into someone's cheek causing considerable harm to the victim must expect to face prison or at very least home detention.
The judge said it was clear from the pre-sentence report that Teasdale was a young woman with a number of difficulties in life "not of her own making".
She had also done everything in her power to put the matter right, and therefore he was prepared to grant home detention.
But the judge warned Teasdale any breach of the alcohol or the drugs ban during her sentence of would result in her being sent to jail.