A seasonal worker has been jailed after caught attempting to assault an intoxicated woman.
A seasonal worker has been jailed after caught attempting to assault an intoxicated woman.
A seasonal worker from Vanuatu has been sentenced to two years and seven months' jail after an assault a judge says would have been a rape had it not been for the "outstanding police work" of an officer on CBD patrol in Hastings.
Investigating after a group of men inHeretaunga St disappeared from view on the morning of February 9 last year, Sergeant Kevin Stewart turned his patrol car around and drove into a service lane, where the headlights shone on a man with pants down standing over a drunken woman who lay on the ground yelling: "Leave me alone."
As a result, police charged the now 25-year-old Mathieu Batick with assault with intent to commit sexual violation and indecent assault.
He denied both charges at a trial in Napier District Court in August but was found guilty and remanded in custody for sentence yesterday, when Judge Geoff Rea said it would have been much worse for the victim and Batick had it not been for the officer following up his suspicions.
Judge Rea sentenced Batick to concurrent terms of two years seven months on the "lead" charge of assault with intent to sexually violate and 18 months for indecent assault.
The Judge noted Batick had no previous convictions, either in New Zealand or Vanuatu, that there were no physical injuries to the woman, and that Batick was clearly remorseful for his actions.
Batick, for whom an interpreter translated into his traditional language of Bislama in court, had told a probation officer he did not think it would have been regarded as seriously if it were back in Vanuatu, but Judge Rea said the woman had been traumatically affected to the extent she moved away from Hawke's Bay because of what had happened.
The woman, who had been at a wedding the previous day before going to a central Hastings bar, was walking alone and intoxicated after leaving the bar about 3am. She was wanting to get back to Napier when she encountered a small group of men in the street.
Batick put his arm around her and touched over her breast as they walked along the street, before she was taken into the service lane.
Following Mr Stewart's intervention, another member of the group was also arrested, but at the trial denied being a party to the assault with intent to commit sexual violation and was discharged as Judge Rea found there was no case to answer.
