Touched then bashed

A New Plymouth woman who slapped a man after he groped her in a night club was then brutally assaulted by the stranger, a court has been told.

The female victim was in Club Fifty Five on Devon St East about

1.30am on Sunday, January 28,

2018 when she encountered Damien Joel Le Noel-Ngatai.

‘‘The defendant walked up to her with his arm outstretched and made fleeting contact with the victim’s genital area over the top of the dress she was wearing,’’ the police summary of facts states.

The woman reacted by instantaneously slapping Le NoelNgatai across the back of the head before he turned around a punched her in the face with a closed fist.

She again lashed out at her attacker but didn’t connect.

‘‘He then grabbed her by the hair and pulled the victim to the ground and kicked her once to the torso as he walked away.’’

The victim’s left cheek was left reddened and tender from the punch and she later required treatment from a chiropractor for a neck injury received when she was wrenched to the ground by her hair.

Le Noel-Ngatai appeared before Judge Peter Rollo in the New Plymouth District Court on Tuesday to stand trial on charges of indecent assault, male assaults female and assault with intent to injure. The hearing was not able to proceed as the 25-year-old had only been released from hospital that morning following surgery to his hand and was on pain medication.

In an attempt to resolve the case Rollo, who watched video footage of the initial incident, instead gave the scaffolder and part-time fitness instructor a sentencing indication.

Rollo described Le NoelNgatai’s actions as ‘‘deliberate touching’’ and an intrusion of her personal space.

‘‘It was a brazen and unwanted act.

‘‘Imagine if you had been standing in the night club and some other man had come up to you and rubbed his hands across your backside.’’

The difference in size between Le Noel-Ngatai and his victim was like matching a heavy weight against a bantam weight and it was fortunate she was not seriously injured, he said.

Rollo noted the victim stated they had not been wearing provocative clothing or acting provocatively when they were attacked.

Crown prosecutor Georgia Milne said the touching was ‘‘intrusive contact’’ on a rare night out for the victim.

‘‘This offending has really taken an emotional toll on the complainant,’’ Milne said.

Defence lawyer Kylie Pascoe said there were issues with Le Noel-Ngatai’s ability to perform community work due to the surgery.

On Friday Le Noel-Ngatai returned to court and after the charge of indecent assault was withdrawn and replaced with one of common assault he accepted the sentence indication given by Rollo and pleaded guilty to the charges.

Rollo sentenced Le NoelNgatai to 50 hours community work, ordered him to pay reparation of $405 for damage to the victim’s dress and chiropractor costs and awarded $750 emotional harm reparation to the victim.

Outside of the court the victim, who cannot be named for legal reasons, said the offending had taken its toll on her and she was now anxious going out by herself.

‘‘I used to go out walking every day with my dog and now I have to take someone else with me.

‘‘It annoys me that women have to be worried about what they wear in case some guy thinks he can walk up and grab them. It does happen an awful lot in this country.’’

While she was relieved the ordeal was over she didn’t think justice had been done.

‘‘I’m definitely disappointed but pleased it’s over and has been dealt with now.’’