Term for assault reduced

Press, 5 November 1977, Page 7

Term for assault reduced

A youth who kicked a person in the head at a fight at a party in Grove Road had a prison sentence of three months reduced to one month on appeal to Mr Justice Casey in the Supreme Court yesterday. The youth, Roberti Musiblack, aged 20, a machine operator, was jailed by a magistrate for three months on a charge of assaulting David Chang on September 16.

i The police statement of ■ facts said that when a fight ■ broke out at the party Mr 1 Chang was thrown to the f floor. Musiblack kicked him i in the head and about the . body. When seen by the , police, Musiblack had said ' that he had only kicked Mr Chang once. Musiblack was ■ born in Tonga and had been . in New Zealand for 18 ' months. 1 Mr R. Ayers, for Musi--1 black, submitted that the ; sentence was manifestly ex- ■ cessive or inappropriate. Mr Chang had taunted Musi-

f black, who was a lay reader t in his church, about a prer vious fight. Musiblack had e only kicked Mr Chang once, 1 and had nothing to do with s an incident in which a knife » was used. 1 His Honour said that the r Court had to regard very s seriously men who in a temi per or who under the in- > ? fluence of alcohol, kicked an opponent about the head. ; - There was nothing inj appropriate in a sentence of i - imprisonment but three ■ months was more severe i - than was warranted. 1

The Magistrate might havt been influenced ' regardini the incidents involving i knife. Musiblack was in volved in only one incident was wearing shoes, and ha< no history of violence. Hi: employer spoke highly o him and he had a good pro bation officer’s report, ex cept for the statement tha he drank more than wai good for him. He had spen two weeks in custody on re iriand. The sentence would be re duced to one month, hi: Honour said.