Israeli Prime Minister Benjamin Netanyahu has ordered his military to prepare to evacuate more than one million civillians from a war-torn city in Gaza, house valuations are expected to drop, scrub fires continue as further restrictions come into place and Chinese new year begins.
A man who assaulted a lawyer within the confines of a courthouse elevator has had his prison sentence reduced but he won’t get home detention as he hoped.
The assault on the lawyer, Brintyn Smith, at the Whangārei District Court in March last year sent shockwaves through the community, shedding light on the risks of those working in an emotional public arena where life-altering decisions are being made.
On that busy Thursday morning, Smith was exiting the elevator on level two of the courthouse when he was pushed back into the lift by Isaac Aydon who unleashed a barrage of punches that left the victim battered and semi-conscious.
Smith had to be rushed to the hospital in an ambulance and suffered multiple injuries, including a fractured sternum, nose and thyroid, extensive bruising to the face and a concussion.
The psychological toll on Smith was equally devastating, leaving him unable to carry out his professional duties and triggering panic attacks at the thought of returning to the courthouse.
Aydon was sentenced by Judge Brooke Gibson in May 2023 to two years and seven months’ imprisonment for one charge of injuring with intent to injure which he appealed.
Police were among the emergency services called to the Whangārei District Court when lawyer Brintyn Smith was assaulted. Photo / Tania Whyte
Judge Gibson had initially set a start point of four years and given a 10 per cent credit for Aydon’s lack of prior convictions and a 25 per cent credit for an early guilty plea.
A section 27 cultural report referred to the separation of Aydon’s parents at a young age and being raised by a violent father as significant factors but Judge Gibson declined any credit, noting he had largely moved past the trauma and had a successful adult life.
At the appeal hearing before Justice Timothy Brewer in October 2023, lawyer Jarred Scott argued the starting point was too high and that Aydon’s background should have warranted a more lenient sentence, even home detention.
Justice Brewer acknowledged while some aggravating features were present, not all were of a serious degree and deemed a starting point of three and a half years’ imprisonment more appropriate.
Justice Brewer also disagreed with Judge Gibson’s decision not to consider Aydon’s difficult childhood as a mitigating factor and the relevance of background factors in his behaviour and allowed an extra 5 per cent credit.
Justice Brewer concluded the sentence imposed by Judge Gibson was manifestly excessive and the sentence was reduced to two years and one month’s imprisonment.
As the sentence was more than two years’ imprisonment, Aydon is not eligible for consideration for home detention.
Shannon Pitman is a Whangārei-based reporter for Open Justice covering courts in the Te Tai Tokerau region. She is of Ngāpuhi/ Ngāti Pūkenga descent and has worked in digital media for the past five years. She joined NZME in 2023.
