His counsel, Rhiannon Scott, managed to convince Judge Denise Clark not to send him to prison and instead follow her suggestion of a home detention sentence.
‘Fingers were pressed into her throat firmly’
The pair had been at home having a few drinks on the evening of August 16 last year when they began arguing over money.
Fortes grabbed the victim, held her down on the ground, putting his hands around her neck, and pressing his fingers “firmly” into her throat, restricting her breathing for a short time.
She was able to escape to the bathroom and called police, but when she came out Fortes grabbed her phone and threw it on the floor.
As she was walking towards the door to leave, he grabbed her by the hair and threw her on the ground, and then stomped on her head “several times”.
The victim was left with impressions on her forehead and upper face area, two large bruises on the side of her head, bleeding from her right ear, and grazing and scratches.
Scott said Fortes had written a remorse letter to the victim and was keen to take part in restorative justice but the organisation was unable to contact the victim.
He’d also completed a violence prevention course and Barnados parenting programme while on electronically-monitored bail along with a letter from Oranga Tamariki confirming him as a suitable solo father to the couple’s three children.
She asked for a 10% discount for remorse and restorative justice, along with a further 15% for his personal circumstances and rehabilitative steps and credit for time on e-bail and in custody.
While prison was recommended in the pre-sentence report, Scott urged the judge to consider home detention given the steps Fortes had been taking towards rehabilitation and the fact he would be the sole carer of his three children.
He had also since moved to Auckland.
However, while police prosecutor Sergeant Stephen Leet acknowledged Fortes’ steps towards rehabilitation, he wasn’t so convinced about his remorse.
“There’s nothing in there that mentions an apology to the victim at all.”
‘They rely on you’
Judge Clark said of concern was the attack to the woman’s head, her vulnerability, and the fact she was on the ground.
“On the ground, it’s very difficult to do much to protect yourself, or help yourself,” she said.
Judge Clark took a starting point of three years and three months in prison and gave a 25% discount for his early guilty pleas, 20% for his personal circumstances, and 5% for his willingness to participate in restorative justice,
However, she stopped short of issuing any discount for remorse as she agreed he didn’t appear to have insight into his offending.
She got down to 15-and-a-half months’ prison and agreed to convert that into home detention for seven-and-a-half months so he could continue to care for his children.
“They rely on you and it’s acknowledged the impact of incarceration on children.”
Judge Clark ordered him not to associate with the victim unless he had the prior permission of his probation officer.
Belinda Feek is an Open Justice reporter based in Waikato. She has worked at NZME for nine years and has been a journalist for 20.
