Hawke's Bay rapper Tom Francis in the studio with Snoop Dogg. Photo / Supplied.
A Kiwi rapper’s potential musical career in the United States has helped save him from an assault conviction.
Lamborghini-driving musician Tom Francis (legal name Thomas Macdonald) was discharged without conviction on three charges, one of common assault, one of threatening behaviour and one of a breach of court bail over a stoush where he confronted a man who posted a photo of his orange sports car parked in a disabled space.
Macdonald pleaded guilty following the May 2024 incident.
In the Waitākere District Court yesterday, Macdonald’s lawyer Emma Priest argued the consequences of a conviction would outweigh the gravity of the rapper’s offending.
She told Judge Rebecca Guthrie a conviction would significantly impact her client’s chances of obtaining a work visa for the United States so he could work as a musician there.
Priest said Macdonald’s collaboration with rapper Snoop Dogg showed he was well established in the music scene and had the “connections and ability to make it in the American market”.
Not being able to obtain the visa would have significant consequences on his career and would also make touring globally difficult, she told the court.
Macdonald had also taken large steps in self-improvement, completing 100 hours of community service and a 20-week living without violence course and had written a letter of apology to the victim, Priest said.
Macdonald was also continuing to see a psychologist to deal with his anger management and had made a $500 donation to Netsafe, she said.
Priest also argued that the seriousness of the offending was at the low end and that the victim provoked Macdonald into his actions.
Her client had been the victim of a “campaign of hate” online following the post being made, as he received comments that went far beyond what was proper and fair criticism, Priest said.
Macdonald went to the police to try to stop the harassment.
It was only when the police did not act on them that he decided to confront the man, she said.
In her decision, Judge Guthrie acknowledged the police were neutral on the defendant’s application as they were satisfied with the self-improvement steps Macdonald had taken and considered the gravity of the offending to be low.
She noted what Macdonald had done to better himself, the unusual circumstances that led to the offence and his early guilty plea.
Guthrie said Macdonald’s conviction would have real risks to him obtaining the US work visa he was applying for.
Overall, she said the significant and real impacts of a conviction would outweigh the gravity of the offending, so granted the discharge without conviction.
She did not consider Macdonald’s prior criminal convictions, one for violence, from 2016, in her decision because he was only ordered to pay a fine.
Those convictions would also likely not impact his ability to get the visa.
The judge did not accept the defendant’s argument that Macdonald’s previous convictions would become ineligible for the Clean Slate Act if convicted, or more general consequences, such as it becoming more difficult to rent a property.
Photos of Macdonald’s Lamborghini parked in disabled parking spaces were posted to Facebook groups.
In court, it was argued that comments left on posts went beyond what was fair criticism and that Macdonald went through online cyber bullying.
The police summary of facts said that Macdonald and the victim had known each other for three months on social media.
At 12.20pm on May 3, Macdonald arrived uninvited and began speaking with the victim about previous history between the pair.
A verbal argument ensued while the victim was recording on his phone, escalating to the point of the defendant stepping towards the victim and standing chest to chest with him.
While the victim was filming, holding the mobile phone in his right hand, the defendant then proceeded to slap the victim’s hand, causing the cellphone to be launched on to the ground.
The defendant followed the victim around and argued with him over the next few minutes while standing, at times, chest to chest with him.
The victim made repeated efforts to walk away and increase the distance between him and the defendant.
However, the defendant continued to follow the victim around the workshop whilst cornering him into different parts of the store and pushing him in the chest approximately six times with both hands.
As the victim was attempting to walk away from the defendant, he proceeded to use both hands to push the victim in the back, causing him to fall forwards.
The argument continued for approximately five minutes before the defendant left prior to police arriving.
The summary said the victim suffered no injuries.