Utoikamanu then demanded the victim’s vape, and said “you want to fight?”. The victim said no.
He took the victim’s vape and walked away, but came back and eventually began throwing punches at the victim.
One punch hit the victim’s shoulder and the second punch hit him directly in the face.
“The defendant tried to reach for the headphones that were on the victim’s head, but they fell to the ground. The defendant said to the victim, ‘I’m going to f*** you up,’ as the victim was picking up his headphones and walking away,” the summary said.
Utoikamanu was arrested after the assault but struggled against police and had to be pepper-sprayed.
In explanation for why he was resisting arrest, he told police he didn’t resist, he was just trying to explain the situation.
The victim was not in court, but his impact statement was read out to the judge.
He said Utoikamanu had punched him in the face while drunk.
“I regularly dream about you assaulting me again. Sometimes there is someone to help me in the dream. Other times I am alone like I was in the station,” he said.
He was also told he still screamed in the night at times.
The victim said he hoped Utoikamanu found a way to sober up.
Utoikamanu wrote a letter of apology to the victim, saying the assault was a “regretful mistake”.
“I’m not a violent person by nature, it was out of character... I’m deeply regretful, I’d sincerely like to apologise. I ask for your forgiveness,” said the letter, which was also read out in court.
Judge Andrew Nicholls said he had received a “positive” pre-sentence report that showed Utoikamanu was engaging better with probation and had taken responsibility for his offending.
It also showed “that you are firm in your determination that this is not going to happen again. You say you don’t want to get into any more trouble. You know that you need some help if that’s going to happen,” the judge said.
“It’s important to know when you need help. I can see that you have made some steps here to put your life back on a positive footing.”
Nicholls sentenced Utoikamanu to five months of community detention and 12 months of supervision.