Unprovoked attack to head ‘cowardly’ Theft from job was revenge

"When I did karate 50 years ago, part of it was learning self control."

Judge Chris Sygrove

A skilled Muay Thai fighter unleashed a flurry of punches at his victim, who had no chance to defend himself, a court heard.

In the early hours of August 27, an angry Oscar Muir Remihana confronted the man, who was sitting with friends at a table inside the Club 55 bar along New Plymouth’s Devon Street East.

About 1am, the 20-year-old stood over the victim and without warning, punched him multiple times in the head.

The victim’s friend stepped in to stop the assault and bar staff kicked Remihana off the premises.

After going to hospital for treatment, the victim was found to have suffered a split lip, concussion and an injury to his front tooth.

When spoken to by police, Remihana admitted to throwing the punches after a run-in about text messages the victim had sent to the defendant’s girlfriend.

Remihana previously pleaded guilty to a charge of injures with intent to injure.

At Friday’s sentencing in the New Plymouth District Court, it was revealed that Remihana was proficient in the combat sport of Muay Thai, a full contact martial art.

Lawyer Nathan Bourke said the 20-year-old studied it to a ‘‘high level’’.

‘‘That’s his sport of choice and he’s done very well at it,’’ he said.

Judge Chris Sygrove told Remihana he had been ‘‘surprised’’ the defendant had been caught up in this type of offending given his background in martial arts.

‘‘When I did karate 50 years ago, part of it was learning self control,’’ the judge said.

In a statement to the court, the victim said Remihana had not attempted to talk to him or given him a chance to defend himself.

‘‘It was a cowardly, drunken act,’’ the judge said.

Bourke said since the assault, Remihana had moved to Auckland, where he also worked full time.

He said Remihana was a first offender who had shown genuine remorse for the assault, which had been fuelled by a night out drinking.

‘‘It’s one of these potent cocktails of alcohol and testosterone,’’ Bourke said.

Judge Sygrove took into account Remihana’s guilty plea, along with his remorse and lack of previous convictions.

He was sentenced to six months’ supervision.

Along with this, Remihana will have to do 120 hours of community work and pay $1000 in emotional harm to the victim. A man stole more than $3000 worth of gear from his employer as a way of ‘‘getting them back’’ for issues related to his pay.

Keegan Ian Douglas Foley used to work for Smart Energy Solutions in Taranaki, where he installed under floor and ceiling insulation.

The summary of facts said on two separate occasions between May and October this year, Foley stole two to three bales of under floor insulation.

‘‘The defendant would return home during his lunch break to store these items in his locked basement.’’

On May 18, Foley then listed six bales of insulation for sale on the online auction site Trade Me, with a price tag of $700.

Each bale is worth $120.

He also agreed to install the insulation for an extra cost.

Foley went on to steal between two to three bales of insulation a total of eight more times, along with three rolls of black polythene, valued at $60 each.

Further listings were set up on Trade Me by Foley, where he posted bale lots for sale in prices ranging from $900 to $1100.

Two of these trades were successful.

Foley’s address was searched by police as part of its investigation into the theft allegations.

During the search officers found 23 and a half bales of underfloor insulation and the three rolls of polythene at the address.

The items had a combined value of $3000.

‘‘In explanation, the defendant stated ‘I’m young and dumb, I did it for a bit of extra money. The company muck me around with my pay so it was a way of getting them back’,’’ the summary of facts said.

Unemployed since October, the 21-year-old is now on a benefit.

Foley pleaded guilty to a representative charge of theft at an earlier court hearing.

At Friday’s sentencing in the New Plymouth District Court, Judge Chris Sygrove said Foley’s negative feelings about his employer was no excuse.

‘‘That is no reason for you to resort to dishonesty,’’ he said.

Foley was sentenced to a nine month term of supervision.

He will also have to pay $720 in reparation to his ex-employer.