Kumar wanted to have his charge of assault on a person in a family relationship discharged without conviction but that was declined by Judge Stephen Harrop who said the arguments put forward by the man didn’t meet the legal test.
“I don’t disagree at all that a conviction for this charge is likely to make it hard to obtain employment, of course, that is going to be the case... I’m not satisfied the test is met in your case and I decline to discharge without conviction,” Judge Harrop said.
On March 17 this year Kumar and his pregnant partner were at a family home in Taita, Lower Hutt, when the couple started to argue.
Kumar was aggressive, and without warning hit his victim in her pregnant belly.
He continued his physical attack, pushing her into a nearby wall causing her to hit her head and fall to the ground in pain.
Although he did not strike her in the head, Kumar’s actions caused injury to his partner’s head because of the push.
She was taken to the hospital and medically cleared, however, she was seen to have scratches on her face and neck. Her pregnancy was not affected.
“It shouldn’t be seen as just an accident, the location you chose to hit her in was chosen with that in mind.”
Police tried, without success, to obtain a victim impact statement from Kumar’s partner, however Judge Harrop said the offending was a moderately serious example of a family harm incident.
Judge Harrop said Kumar’s partner was in a place she was entitled to feel safe, and his actions were a breach of trust in the relationship.
The court heard Kumar had issues with drug addiction, specifically methamphetamine and cannabis, and since the offending earlier this year he had taken steps to address it.
He also had a number of “complex issues” on top of his drug addiction including mental health and anger issues, as well as past head injuries.
His lawyer Leticia Smith said Kumar had been attending counselling sessions since the offending and Judge Harrop said the sentence he imposed was to continue assisting Kumar’s rehabilitation.
Hazel Osborne is an Open Justice reporter for NZME and is based in Te Whanganui-a-Tara, Wellington. She joined the Open Justice team at the beginning of 2022, previously working in Whakatāne as a court and crime reporter in the Eastern Bay of Plenty.