His golf buddy then punched him once in the head before bouncers, who had witnessed the fracas, separated them and removed James from the bar.
Rather than go home, the self-described “holistic relationship and life coach” re-entered the bar about three minutes later and walked purposefully towards his victim, whose view was obscured, and hit him forcefully on the left side of the face and rained punches at him as he fell to the ground.
The victim required hospital treatment and needed seven stitches to cuts around his eye. He later had surgery to have bone fragments removed and surgical mesh inserted around the injured eye.
According to his website, James offers courses in conflict resolution, emotional intelligence, emotional awareness and self-regulation.
His defence counsel Paul Keegan said his client was remorseful and his offending was out of character.
“At the outset, I want to accept the danger that is implicit in this type of behaviour. When men engage in violence and in particularly drunken violence late at night like this nothing can happen or everything can happen or something in between.”
He said in this case the consequences had been “something in between”.
“His actions on the night were violent and they were dangerous. I accept that. And his actions in going up to the victim and effectively king-hitting him were unjustified and disproportionate.”
Keegan said there was an element of provocation, but it was only proximate.
“Clearly, Mr James should’ve thought better about what he was doing and continued on home.”
Keegan said his client had taken part in a restorative justice process, was remorseful and had apologised to his golf buddy and his wife, who was present during the assault.
James had also completed 100 hours of community work off his own bat and sought counselling about his use of alcohol and quick temper.
Police prosecutor Laura Blencowe acknowledged James’ remorse and the work he had done since the assault, but said there was a level of premeditation to the attack.
She sought a sentencing start point of 22 months’ jail, below the threshold of an electronically monitored sentence.
Judge Gregory Hikaka acknowledged James’ remorse and the rehabilitative efforts he had made since the offending, but also spoke of the emotional harm done to his victim.
“It’s a small town and it spread like wildfire and you know it was a massive mistake.
“You say during the altercation that you felt disrespected ... and you made a bad decision going back in and that you saw red and wanted to hit him.”
Judge Hikaka also noted what James did for a living.
“All that taken into account, including what you do for a living and your acknowledgement that you should’ve used you own tools for dealing with emotional turmoil, the overall tenor is that alcohol is certainly not your friend when it comes to managing your emotions.”
He sentenced James to 150 hours’ community service, nine months’ supervision and ordered him to pay $5000 in reparations to his victim.
– RNZ
