Pulling gang sign sparks assault on partner
A couple who fought after the man made a gang sign had seven previous family harm call-outs in a year, the New Plymouth District Court heard.
Michael Wayne Klenner, 40, had pleaded guilty to a charge of assaulting a person in a family relationship, while a further three charges were withdrawn.
According to a Crown summary of facts, Klenner and his partner had been together a year, and there had been seven previous family harm incidents.
In March 2020, the defendant and the victim were at home and Klenner had his head in his partner’s lap.
Klenner made a gang sign which upset the victim, who pushed him off her lap.
He then pushed the victim, and she threw a cup of Milo at him and ran to the kitchen, and while running slipped and hurt her knee.
The defendant picked up a pool cue and followed her, and she grabbed a wooden pole and swung it behind her, hitting Klenner in the head. Klenner then pushed her to the floor, straddled her and pushed his forearm across the front of her neck.
When Klenner got off the victim she attempted to call 111 from the bedroom, but he took the phone and ended the call. He then left in the victim’s vehicle, taking her phone.
As a result of the assault, the victim had an injured knee requiring crutches, and had some swelling around her face and a small cut below her right eye, the summary said.
In explanation, Klenner said he was acting in self-defence and was trying to leave the address.
In court on Friday, Judge Gregory Hikaka questioned the cause of the victim’s swelling and cut, which Crown prosecutor Laura Blencowe said were as a result of the victim’s fall.
Defence lawyer Andrew Laurenson noted his client’s previous history, which he was embarrassed by and wanted to leave behind, he said.
Judge Hikaka sentenced Klenner to six months of community detention, with a curfew from 9pm-4.30am to allow for dairy milking work, and 12 months of intensive supervision.
Klenner made a gang sign which upset the victim, who pushed him off her lap.