Broken bottle assault ‘could have been fatal’

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Judge Joanna Maze has told a 44-year-old Oamaru man that using a broken bottle as a weapon could have caused a fatal injury.

David John Grumball, 44, engineer, of Oamaru, was convicted and sentenced to six months’ community detention and 12 months’ intensive supervision for assaulting William Gerard Perniske, using a broken bottle as a weapon, on July 27.

The court heard that after drinking at a licensed premises earlier in the night, an argument broke out between Grumball and Perniske on Thames St.

Taking a glass bottle, Grumball smashed it on the ground and thrust it at the victim, causing a deep cut to his arm.

An associate of the victim stepped in, and in doing so was also cut by the bottle.

Grumball claimed to have been defending himself because he thought he was going to be mugged by the victim.

After viewing security footage of the incident, Grumball said he was “appalled” at his actions while “grossly intoxicated”.

Judge Maze said Grumball deliberately and intentionally fashioned the bottle with the purpose of harming.

His actions could have caused a fatal injury, she said.

Had it not been for positive Restorative Justice meetings, with the victim and the victim’s associate, Judge Maze said it would have been difficult for her to avoid handing him a sentence of imprisonment.

COURT LIST

Eden Robert Hendry, 25, of Oamaru, was convicted and fined $400 for offensive behaviour at the Z Station forecourt on August 29.

Melissa Margaret Ridley, 21, of Oamaru, was convicted, ordered to pay reparation costs of $340.83 and sentenced to 60 hours’ community work for receiving a Telecom SIM card from an unknown person, knowing the SIM card had been stolen. Ridley then used the SIM card, raking up a bill of $340.83 to the owner.

Bailee Andrew James Hawtin, 17, of Oamaru, was convicted and ordered to pay reparation costs of $8227.59 for intentionally damaging a Toyota Caldina and a Holden Commodore on June 26. On a charge of dishonestly interfering with the Toyota Caldina on the same day, he was convicted and discharged.

Roy Albert Higgins, 58, freezing worker, of Oamaru, was convicted, sentenced to 90 hours’ community work and disqualified from driving for 13 months, for driving with an excess breath alcohol level of 965mcg on Girvan St on October 13.

Jayden John Milliken, 18, of Georgetown, was convicted, fined $400 and disqualified from driving for six months for dangerous driving on State Hwy 1 on October 1. On a charge of driving while forbidden, he was convicted and discharged.

Scott Dennison, 27, of Island Cliff, was convicted, sentenced to four months’ community detention and disqualified from driving for 12 months for driving while disqualified on August 15.

Adam Cleverley, 21, employed, of Oamaru, was convicted and ordered to pay $500 in reparation for stealing gearboxes, valued at $500, between June 1 and July 31.

Daniel McMurtrie, 31, tyre retreader, of Oamaru, was convicted, fined $200 and disqualified from driving for six months for driving while suspended on Thames St on October 11.

Hamish Joel Campbell, 25, dairy worker, of Oamaru, was convicted, sentenced to 60 hours’ community work and disqualified from driving for 12 months, for driving while disqualified on October 5.

Alister Dean Scott, 37, of Karitane, was convicted and ordered to pay reparation costs of $320 for stealing a motor vehicle body, valued at $350, on August 25, 2010.