A Westport man has narrowly avoided jail for assaulting his wife and her lover after he intercepted an explicit text message that also described him as a "dumbo".
Alfred "Rangi" Hicks, 47, a mine manager, and his son Jared Hicks, 20, were convicted of five charges in Westport District Court today.
They had admitted entering a building with a hockey stick, damaging a BMW, assaulting Linda Hicks and Murray Morgan, and intending to injure Mr Morgan.
Defence lawyer Doug Taffs said Mr Morgan and Mrs Hicks were having an affair. Mr Morgan had sent a provocative text to Mrs Hicks the day of the attack, which Rangi Hicks had intercepted. The text was "extremely explicit" and described Rangi Hicks as "dumbo".
Mr Taffs said the message was "jarring and one could imagine how that could have smouldered".
Rangi and Jared Hicks, Leroy Warren and Jack Raharuhi had gone to Mr Morgan's home. Rangi Hicks' daughter, who was Warren's girlfriend, went with them.
Rangi and Jared Hicks had gone inside where they found Mr Morgan and Mrs Hicks in bed. They attacked Mr Morgan and Mrs Hicks intervened. When Rangi Hick's daughter yelled, "don't hurt mum", the attack stopped.
Both victims suffered injuries including swelling and bruising.
Mr Taffs said the relationship between Linda and Rangi Hicks was now completely over.
Hicks was "keenly aware" that he had let himself, his family and the community down by his actions. He acknowledged full responsibility.
Jared Hicks was also genuinely remorseful.
Hicks had been drinking and mourning a friend, and was not looking for trouble when he discovered his wife's infidelity via text, Mr Taffs said.
Judge Noel Walsh imposed three months' community detention with curfew, 250 hours' community work, reparation of $1500 each for "emotional harm", and reparation of $960 each to repair the BMW.
He also ordered intensive supervision.
Judge Walsh described the text message as "explicit and graphic" and "extremely offensive to Mr Hicks senior".
He acknowledged Hicks and his son had no criminal history and had already offered to pay reparation.
The attack was a "crime of passion, outrage, grief and too much liquor".
Co-offenders Warren, 18, a farm worker, and Raharuhi, 17, also a farm worker, were convicted of being party to assault. They received a suspended sentence, and were ordered to pay reparation of $300 each to Linda Hicks.
- NZPA
Man sentenced for 'dumbo' prompted assault
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