Rugby player loses appeal over punch
A star rugby prop and former weightlifting world champion has tried to withdraw his guilty plea for punching a man in the face, claiming he was mentally impaired when he made the plea.
Joel Hintz , a former Canterbury rugby rep, was convicted in 2017 after pleading guilty to a charge of ‘‘injuring in circumstances that if death occurred, he would have been guilty of manslaughter’’, after punching the man at a Dunedin party.
This week, he appealed that conviction in the High Court, seeking his guilty plea to be set aside and the charge sent to the District Court to be reheard.
Hintz appealed on the grounds that he was ‘‘substantially impaired’’ when he entered the guilty plea; he had a clear defence of self-defence; he was inadequately advised of such a defence; and at least, a discharge without conviction should have been applied for.
In April 2017, Hintz was a 20-year-old student, studying towards a Bachelor of Commerce in Agriculture at Lincoln University in Canterbury.
He travelled to Dunedin with friends to meet Lincoln lecturers for a field trip and went to a party.
According to the police summary of facts, Hintz punched the victim at the party once in the mouth with a closed fist. The victim’s front tooth was damaged, and he needed a false tooth.
He first met with police in Lincoln, and told them his actions were in self-defence. No further action was going to be taken, but then Dunedin police charged him.
Hintz, who now plays rugby for the Hawke’s Bay Magpies, said he was distressed by the news.
The former under-18 world powerlifting champ, who won the title after squatting 260kg, claimed he became depressed, unable to sleep and missed meals.
He played for the Canterbury provincial rugby team and found it hard to concentrate.
He thought he might be able to get a diversion and have the matter dealt with outside of court. But the day before his second court appearance, police told him he may have to pay $10,000 towards the victim’s dental costs.
Hintz was told the High Court this lastminute change in circumstances was overwhelming. He was already fatigued as a result of no sleep and inattention to diet.
After police told him he would have to go through court, he emailed his lawyers and said he would plead guilty.
His lawyer Anne Stevens QC said he could argue the punch was in self-defence, or apply for a discharge without conviction.
But Hintz decided to have the matter dealt with on the day, because further arguments would be costly and take more time. He was convicted and ordered to pay the victim $10,000.
But in March this year, Hintz decided to appeal his plea.
A psychiatrist said at the time Hintz pleaded guilty, his ability to make rational decisions was ‘‘substantially impaired’’, however, Justice Rachel Dunningham said Hintz was ‘‘aware of his options’’.
Justice Dunningham dismissed the appeal, saying although Hintz was stressed, he could have made other decisions instead of pleading guilty.
‘‘While he was no doubt feeling under pressure and anxious, and those feelings will have influenced his decision to plead guilty, he did so knowing he could seek a discharge without conviction [or] defend the charge based on self-defence.
‘‘I am not satisfied that a miscarriage of justice has occurred.’’