Rugby man evades jail

Press, 6 September 1980, Page 26

Rugby man evades jail

PA • Wellington A rugby player’s 21-day jail sentence for assaulting another player and a spectator has' been quashed on appeal in the High Court at Wellington. Mr Justice Savage allowed! the appeal by Kavu Nonu,! aged 26, a taxi-driver, and: in place of the jail sentence imposed a sentence of three months periodic detention. Nonu was also ordered to pay $lOO toward the cost of the prosecution. . The charges. arose from a match between ■ Athletic and Tawaat the Prince of Wales Park, Wellington on June 14. The circumstances of the case were unusual and disturbing, his Honour said. The appellant puncheda

I member of the Tawa team, [causing some injury, as part of a deliberate late tackle at the end of the game. The referee blew his whistle im-. mediately after, and aspectator came - on to the ■field towards Nonu, who punched him. He required seven stitches. " . I The District Court Judge I took the view that they were two serious and unpro-i yoked assaults that required! a deterrent sentence, because playing rugby should not be! allowed to become a shield or mask for. a fracas. . His Honour said that he agreed with that view. Rugby was a vigorous gaine and knocks had to be expected, but that was all the more reason for ensuring it

did not become a mask for deliberate violence/ -y ; 7 ! The game could excite strong feelings in both; players' and spectators,: arid assaults could precipitate a great deal more public disorder than similar ‘assaults in a different setting. ; : However, his Honour said tht he had more material be- ; fore him concerning Nonu I than was before the District Court, including a favourable probation report. The ! appellant enjoyed a good ' reputation, was well thought of by his employers, and had good references from others, including the leader of his church. He felt justified in varying the. sentence, Mr Graeme McKay - appeared for Nonu, arid Mr C. H. Toogood for the Crown,