Nathan Wynd, 23
wounding with intent to injure

Wynd confronted the victim, kicked him in the head and knocked him to the ground. He then punched him several times in the face as he lay curled up on the ground. Wynd then took an empty beer bottle and rubbed it in the victim's face. The case was heard at Auckland District Court.

The Facts

Nathan Wynd and his victim were workmates. Just after midnight on Monday, June 4 2012 Wynd was with workmates at a bar when the victim joined them. The group socialised until about 5.30am. The victim left and walked to a carpark. Unbeknownst to him he was being followed by Wynd, who had taken exception to something said earlier. Wynd confronted the victim, kicked him in the head and knocked him to the ground. He then punched the victim several times in the face as he lay curled up on the ground. Wynd then took an empty beer bottle and rubbed it in the victim's face. A police patrol happened to pass by and officers saw Wynd standing over the victim, covered in blood. The victim was taken to hospital. The victim told police he was aware Wynd was angry at him before he left the bar. He said he was scared enough to hide from Wynd in the toilets and call the police for help as he feared being beaten up.

The Victim:

The man was knocked unconscious and suffered a wound to his scalp that needed seven stitches. He had swelling on both sides of his face, his right eye was swollen shut. His face and head were grazed. He had to take time off work and lost money in wages.

Features of Offending:

Aggravating:

• Violence was to the head of the victim
• Bottle used as a weapon
• Harm to the victim high
• Victim incurred serious injuries that required hospital treatment
• Considerable degree of premeditation eg Wynd followed victim from bar

Mitigating:

• Early guilty plea (tempered by the fact that the evidence against Wynd was "strong")

Probation Report Findings:

• Assessed Wynd as having a medium likelihood of reoffending with a medium risk of harm
• Wynd minimised seriousness of offending during interview with probation officer, remarking he had potentially saved the victim's life because the offending meant he could not drive while drunk.

Judge's Comments:

“ I denounce your conduct. Regardless of what issues you may feel you may have had with the victim that night, violence is not and is never the solution. The amount you of violence you inflicted on the victim was also at a high level. For that reason I need to consider imposing a sentence that will deter you and others from behaving in this thuggish way. The photographs of the victim and his injuries are quite simply shocking... it was a big shock to the victim when this happened, and it was very frightening to him. There was extreme violence that was unprovoked and it was prolonged... there was a sustained attack to the head of the victim by you, including an initial kick, which is particularly dangerous... the victim was vulnerable and you continued to attack him while he was unconscious. ”

“ The need for deterrence because of the extreme danger associated with this sort of offending, I am of the view that home detention would not be an appropriate sentence. ” Judge Nevin Dawson