• A musician found guilty of assaulting his ex-girlfriend is appealing his sentence and the decision against name suppression.
• Judge Simon Lance sentenced him to 80 hours community work last month, rejecting a discharge without conviction.
• The man was acquitted of nine out of eleven charges, including the more serious allegations.

A musician found guilty of assaulting his ex-girlfriend in what a judge described as “excessive self-defence” in a “toxic relationship” is appealing the decision not to grant him name suppression.

He is also appealing the sentence.

Auckland District Court Judge Simon Lance refused to grant the man’s application for a discharge without conviction and sentenced him to 80 hours community work.

Earlier this year jurors found the man bit his then-partner’s forearm on one occasion and used a plastic bottle as a weapon against her on another.

He was found not guilty of multiple other accusations that included strangulation and threatening to kill her.

The trial related to alleged interactions and assaults between the pair in late 2022 and late 2023.

The prosecution argued the man physically and psychologically abused the complainant, whereas the defence said the woman, aged 28, initiated the aggression and he only used force in self-defence.

At the time Judge Lance said while he had sympathy for the man, who is in his 50s, he did not believe the consequences of a conviction being entered were out of proportion.

The man had submitted he had suffered a significant financial impact from the charges.

“I’m not convinced that there are further consequences that occur on top of what has already happened,” Judge Lance said.

The judge accepted that the offending occurred in the context of what the defence described as a “toxic relationship” and it certainly wasn’t “one-way traffic”.

He said the man had been acquitted of nine out of the 11 charges, including the more serious allegations.

“I do think that more than likely the jury convicted you on the basis that the actions were excessive self-defence.”

In a victim impact statement, read by Judge Lance, the woman said she had suffered injuries including to her arm and head.

She said she had been left with “significant emotional distress” as a result and had missed days at work.

The victim had supported the man’s application for name suppression as she did not want to be identified.

FAMILY VIOLENCE

How to get help: If you're in danger now: • Phone the police on 111 or ask neighbours or friends to ring for you.• Run outside and head for where there are other people. Scream for help so your neighbours can hear you.
• Take the children with you. Don't stop to get anything else.
• If you are being abused, remember it's not your fault. Violence is never okay.
Where to go for help or more information:• Women's Refuge: Crisis line - 0800 REFUGE or 0800 733 843 (available 24/7)
• Shine: Helpline - 0508 744 633 (available 24/7)
• It's Not Ok: Family violence information line - 0800 456 450
• Shakti: Specialist services for African, Asian and Middle Eastern women and children.
• Crisis line - 0800 742 584 (available 24/7)
• Ministry of Justice: For information on family violence
• Te Kupenga Whakaoti Mahi Patunga: National Network of Family Violence Services
• White Ribbon: Aiming to eliminate men's violence towards women.
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Katie Harris is an Auckland-based journalist who covers social issues including sexual assault, workplace misconduct, media, crime and justice. She joined the Herald in 2020.