A woman has been discharged without conviction after she hit a man in the head with a fire poker when he arrived at her house carrying a large knife. Photo / 123RF
A woman has been discharged without conviction after she hit a man in the head with a fire poker when he arrived at her house carrying a large knife. Photo / 123RF
A woman twice hit a man on the head with a fire poker when he showed up at her house carrying a large knife after the pair had been arguing on social media.
But Tori Jaggard has avoided a conviction on the violence charge that followed, partly because she claimed it was “excessive self-defence”, and partly to prevent harming her ambition of one day joining the NZ Defence Force.
The 24-year-old has her sights set on a military career as an automotive technician.
She has been discharged without conviction in the Blenheim District Court on a charge of assault with intent to injure, which she earlier admitted.
Others involved in the scuffle in April last year have received varying degrees of penalty, including the man who arrived with the knife, “asking for a fight”.
Jaggard’s defence lawyer argued a discharge was warranted to prevent any impediment to carrying out activities at her children’s school, travelling overseas and her plans for a military career.
Police were neutral on the application for a discharge without conviction.
Judge Tony Zohrab said it was clear that Jaggard and the victim were known to each other.
Her partner was also involved in the melee on April 11 last year, as well as a witness who accompanied the victim.
Events unfolded after the victim got into a verbal altercation with Jaggard’s mother outside a dairy on the main road leading to Waikawa, near Picton.
Jaggard was then contacted by her mother, who told her what happened which sparked a “heated discussion” on social media between Jaggard and the victim.
He and another person then drove to where Jaggard lived to confront her.
The victim got out of the car holding a large knife.
Jaggard’s partner, who had been in the house, then reacted and a fight broke out, with the victim appearing at one point to “get the better” of him.
Seeing this, Jaggard emerged from the house with a metal fire poker behind her back and struck the victim twice in the head, causing a large cut that required stapling.
Jaggard’s partner then got hold of the poker and assaulted the victim further, until things calmed down and the victim and his associate went to police.
The victim was arrested, charged and eventually sentenced to 12 months of supervision for his part in the melee.
A woman who hit a man in the head with a metal fire poker has been discharged without conviction in the Blenheim District Court, due in part to her actions described as "excessive self-defence". Photo / Tracy Neal
Jaggard’s partner was convicted and ordered to come up for sentence if called upon.
Judge Zohrab said an aggravating feature of Jaggard’s offending was her intervention with a metal poker at a stage when the victim was vulnerable through being engaged in a fight.
He said there was a degree of pre-meditation involved, albeit not lengthy or complex, in that Jaggard had thought enough to grab the poker and hide it behind her back before using it.
Judge Zohrab said a significant mitigating factor was the victim’s conduct, after an argument outside a dairy and the ensuing heated discussion on social media, he then got into a car carrying a large knife in a manner that showed he was “spoiling for trouble”.
The police accepted that Jaggard had acted to defend her partner, but the defence of self-defence could not be made out.
Other mitigating factors included Jaggard’s young age, her lack of criminal history, her early guilty plea, her good character and her remorse.
Judge Zohrab said considering everything, before factoring in the mitigating features, the offending was moderate, trending towards serious.
Factoring in the victim’s conduct, who had “travelled to the address looking for a fight”, Jaggard’s offending tracked more towards what might be described as minor to moderate.
Judge Zohrab agreed with Jaggard’s contention that defending her partner, albeit with a weapon, could be described as “excessive self-defence”.
He noted Jaggard’s wish to join the NZ Defence Force, and how a conviction would impede that or any other employment she might seek in future.
It might also prove a barrier to involvement in her children’s education.
“Given that I have assessed your offending as falling within the minor category, I’m content to conclude that the direct and indirect consequences of a conviction would be out of proportion to the gravity of the offending.
“Given the victim’s contribution to the whole incident, I don’t see this as disproportionately unfair for you to be discharged without conviction,” Judge Zohrab said.
Tracy Neal is a Nelson-based Open Justice reporter at NZME. She was previously RNZ’s regional reporter in Nelson-Marlborough and has covered general news, including court and local government for the Nelson Mail.
