Nose-biter’s discharge upheld after appeal

A man who bit the end off another man’s nose will not have to prove good character to stay in the country.

Blenheim chef Satinder Singh, 22, bit the man’s nose during a fight at a party in March last year, all but severing a large chunk of flesh.

Singh, an Indian national, admitted assault and wounding with intent to injure at the Blenheim District Court, but he was granted a discharge without conviction in December as it could affect his work visa.

But the Solicitor-General appealed Singh’s sentence, arguing Judge David Ruth did not treat the crime seriously enough, and it was Immigration New Zealand’s job to decide immigration issues, not the courts.

The Solicitor-General’s lawyer said at the appeal hearing on Thursday the gravity of the crime was more serious than Judge Ruth treated it.

Singh was on top of the victim when he bit his nose, having pushed him onto the floor after a struggle.

The victim had surgery and was in hospital for two days, and unable to work for two weeks.

The lawyer also said Judge Ruth gave too much weight to mitigating factors, such as a lack of previous convictions, his guilty pleas, his attempts to make amends and his genuine remorse.

But Justice Collins found that Judge Ruth’s assessment of the gravity of the crime and the mitigating factors was reasonable.

The victim did not think Singh should be convicted as they were both very drunk when the fight started and Singh’s apology seemed genuine, he said in a victim impact report.

Singh also paid $2000 in reparation to the man, attended drug and alcohol counselling and anger management.

The Solicitor-General’s lawyer also said Judge Ruth should not have considered a risk of deportation as a reason for discharge without conviction as that was the role of Immigration NZ.

He should not have ‘‘covered up’’ the offending, she said.

His lawyer Rob Harrison said Singh had to apply for a new work visa after sentencing as his visa expired in November.

A conviction would mean he would have to prove good character to stay in New Zealand.

However, Justice Collins said Immigration NZ would consider the incident whether Singh had a conviction or not.

The Solicitor-General’s lawyer said the possibility of deportation was purely speculative, but Justice Collins said a conviction would make deportation a real risk.

Justice Collins dismissed the Solicitor-General’s appeal.