Sentencing — assault — discharge without conviction — neurodiversity — name suppression — Sentencing Act 2002, ss 106 & 107 — Criminal Procedure Act 2011, s 200. The defendant appeared for sentence on a charge of assault. He had pleaded guilty to the charge and sought a discharge without conviction. The offending arose when the defendant joined a protest against a controversial speaker from overseas. The defendant was part of a group that approached the speaker's supporters. The defendant mistakenly believed that one of the supporters (the victim) assaulted another protester, and he responded by punching the victim three times in the head. The victim was a 71-year old woman, and she suffered concussion, bruising and ongoing psychological effects. The offending was aggravated by the extent of the violence, attack to the head, vulnerable victim, and high victim impact. The offending was of moderate seriousness. In mitigation the defendant had pleaded guilty, was remorseful, was young, had made efforts at rehabilitation, and had a neurodiverse condition that affected his interactions with others. Given the defendant's efforts to atone for his actions, the Court decided that the consequences of a conviction would outweigh the gravity of the offending. The Court discharged the defendant without conviction, but ordered that he pay the victim $1000 in reparations. The defendant was also granted final name suppression. Judgment Date: 4 March 2024 * * * Note: names have been changed to comply with legal requirements. * * *