Judge notes empathy of baseball bat-attack victim

A woman who was struck in the head with a baseball bat, and then had a photo of herself lying unconscious shared on the internet, has shown great empathy for one of her attackers, a judge said.

Samuel William Potroz and Nicola Newton have been sentenced in the New Plymouth District Court for causing harm by posting a digital communication and, in Potroz’s case, possession of an offensive weapon and injuring with intent to injure.

According to the summary of facts, the victim was at a Waitara address with Potroz and another woman, when Potroz accused her of stealing $1200 from him.

She denied it, and in the kitchen the other woman, Tania Burns-Morehu, grabbed her from behind to search her for the money, and she turned around to fight her off.

Potroz struck the victim in the head with a baseball bat and she was immediately knocked unconscious to the ground.

Potroz kicked her a number of times. When the victim came to, she was wearing only her socks, underwear, a singlet and bra, and had no idea what had happened.

She suffered multiple injuries and after-effects.

Potroz had taken a photo while she was unconscious and later posted it to his Facebook page for all his friends to see, the summary said.

Newton also posted the picture to her Facebook page with the caption: ‘‘Caught a thief’’.

When questioned, both admitted posting the photo, and Newton told police she was ashamed of what she had done, the summary said.

In court on Wednesday, Judge Tony Greig noted the victim’s empathy in her impact statement.

‘‘She feels sorry for you. She understands you. She really hopes you can get help and can access programmes that can benefit you and the wider community. This woman whose life you changed forever empathises.’’

Newton was sentenced to three months of community detention, with a curfew from 8pm to 7am, and 18 months of intensive supervision, which Judge Greig would judicially monitor.

‘‘I’m going to be looking over your shoulder and breathing down your neck and getting reports about you, and I really hope they’re positive,’’ he said.

Potroz had a history of offending, getting sentenced and reoffending, the judge said.

‘‘What I take from that is prison doesn’t deter you. Prison protects the community whilst you’re in prison but as soon as you’re out the community’s at risk again.’’

But he had done ‘‘incredibly well’’ on electronically-monitored bail and there was a clear link between his offending and his drug use, Greig said.

Potroz was sentenced to six months of community detention and 18 months of intensive supervision, also judicially monitored.

‘‘I want to shake your hand in 18 months’ time, Mr Potroz,’’ the judge said.

Burns-Morehu was previously jailed for eight months after admitting charges of common assault and causing harm by posting a digital communication.