A wheelchair-bound man convicted of assaulting a woman after an argument at an Auckland service station has had his fine slashed by the Court of Appeal.
Mohammed Azan Khan was found guilty by an Auckland District Court jury last June.
The charge stemmed from a heated altercation which occurred when
Khan, who was driving a limousine, attempted to enter the Glen Innes Shell Station forecourt via an exit in October 2003, blocking the path of a woman and her daughter trying drive out.
Khan had leaned out of the limousine and snapped the side view mirror off the woman's car. When she put her hand on the window to stop a second person in the limousine causing further damage, Khan took hold of her arm and forced her fingers back, causing pain which required ongoing medical treatment.
Khan's defence at trial had been the second person had been responsible for the assault.
District Court Judge Phil Gittos fined Khan $3500, ordered him to pay $1500 reparation and placed him on supervision for nine months with the condition he undertake an anger management programme.
Khan appealed the sentence on the grounds it was unsustainable given his financial circumstances.
The father of four and sickness beneficiary, since an accident left him unable to work in 1996, told the Court of Appeal he received a benefit of $430 a week.
His father paid his mortgage and all the outgoings on the family's house in return for Khan paying him $250 a week, leaving him $180 to support his family.
The Court of Appeal, in a reserved decision, reduced Khan's fine to a "realistic" $500 with $1500 reparation which he could repay at a rate of $167 per month.
- NZPA
