After one of the youths in Puia’s car booted the taillights of the man’s car, the victim, wanting to prevent further damage, got out and grabbed the youth by the scruff of his shirt.
The youth then swung his right arm back and forcibly hit the victim’s nose with his forearm, causing the man to lose balance and fall to the ground, where he was on his hands and knees.
“Whilst on the ground, the defendant and the two youths kicked and punched the victim in the head and body.”
The group then verbally abused the man before leaving the scene in their car.
The victim’s injuries were severe, including a fractured left eye socket which swelled and closed shut for a week and a half, and he had to be transferred to Waikato Hospital for treatment.
“The victim had major head trauma, with bruising and swelling around his temple and a brain bleed on both the front and rear side of his brain,” the summary of facts said.
His right eye also suffered swelling and severe damage which required laser surgery but was causing ongoing problems, requiring frequent trips to Waikato Hospital for care.
Judge Krebs said Puia accepted she was involved in the attack, despite later telling a probation officer she didn’t take part in the physical violence.
“You admitted punching the victim and kicking him in his head and body.”
Defence lawyer Anna Brosnahan sought a sentence of community detention and intensive supervision and offered a $500 emotional harm payment to the victim.
Brosnahan said Puia had no previous convictions and found herself in a situation she didn’t know how to deal with.
“The escalation was something that she didn’t know how to stop.”
Brosnahan said Puia did not direct the attack and had struggled with how fast it unfolded and how badly it ended.
Puia, who was supported in court by her sister, with her father earlier also present, was a solo mother looking after eight-month-old twins, had no previous convictions and attended church and contributed to the community, she said.
“She is remorseful for the hurt she has caused.”
Brosnahan argued that taking into account Puia’s personal mitigating factors, a sentence of community detention could be imposed.
Crown prosecutor Jack Liu agreed despite the trauma and injuries suffered by the victim, the unique circumstances of the case would allow Puia’s sentence to be reduced to a community-based sentence.
“She’s living a good life and [is] working,” Liu said.
Judge Krebs said the aggravating factors included the level of violence dished out to a vulnerable person who was outnumbered and on the ground.
“The extent of the damage was significant.”
The judge detailed how a probation officer described Puia as a sensitive young woman who was respectful and very upset with what had happened.
Judge Krebs also noted Puia didn’t start the attack.
“Once he began the violence, you felt powerless to deal with it.”
Puia was employed full-time, did not use drugs or alcohol, was a Christian who regularly attended church and had been willing to engage in the restorative justice process.
Judge Krebs said with the strenuous submissions made by Brosnahan, along with the Crown’s agreement of the unique features of the case, he could responsibly reduce the sentence to a community-based one.
Puia was sentenced to six months’ community detention, with a 7pm to 7am curfew, 80 hours of community work and intensive supervision for 12 months and ordered to pay $500 emotional harm reparation to the victim.
