New Zealand Police v Losi Filipo [2016] NZDC 18820

Published 27 September 2016

Sentencing indication — discharge without conviction — Sentencing Act 2002, s 106 — injuring — assault. The defendant was given a sentencing indication on charges of injuring with reckless disregard, assault with intent to injure, and two charges of male assaults female. It was determined that if the defendant were to plead guilty, a s 106 discharge without conviction could be expected. In coming to this decision, the Judge was satisfied that the direct and indirect consequences of conviction would be out of all proportion to the gravity of the offending. The approach required was to firstly assess the gravity of the offending, and then to weigh that against direct and indirect consequences of conviction. Although the offending was serious, the potential consequences to the defendant’s chosen career path would be out of all proportion to the offending if a conviction were to be entered. The Judge emphasised no distinction was to be drawn between professional sport and other professional career paths. Mitigating factors included the defendant’s youth, lack of previous convictions, remorse, and voluntary community work. Judgment Date: 15 August 2016.