Home detention for car park attack that inflicted lifelong injuries

Thursday, 25 June 2026

A Tongan meatworker is facing deportation after a two-punch attack in a Timaru car park which left his victim facing significant lifelong consequences.

The 23-year-old defendant, who is in New Zealand on a working visa, pleaded guilty in March to a charge of wounding with intent to injure with reckless disregard following the December 6, 2025, incident.

On Wednesday, the defendant unsuccessfully sought a discharge without conviction in the Timaru District Court, and Judge Stephen O’Driscoll sentenced him to five months home detention for the “moderately serious” offending.

Judge O’Driscoll told Atunaisa Tuituu Folau that the victim impact statement made for sad reading.

“The victim’s jaw was broken in two places.

“He had to wait over 48 hours with a broken jaw before he could have surgery. The surgery could not properly align the victim’s teeth, and jaw, because of the damage.”

Judge O’Driscoll said the victim had to wait a further two weeks with a disfigured jaw for more surgery to try and get it closer.

“The victim was on a liquid diet for 3½ months, couldn’t work, and had to take over 20 pills a day, and have injections on a weekly basis.

“The victim couldn’t talk for two months without enduring pain, and he will have plates, and screws in his jaw and mouth forever.”

Judge O’Driscoll said the victim’s teeth were still not properly aligned, and nothing could be done to fix that.

“When he bites, his teeth clash, and rub against each other. His teeth will continue to damage, and wear down over the years.”

The victim also has a “permanent visual scar” on his upper cheek that cannot be hidden and permanent nerve damage to the front of his face which caused extreme discomfort when he ate anything hot or cold.

The assault occurred between the Bullock and Ponderosa bars, on Sophia St, when Folau drove into the car park.

The victim, and four colleagues, were walking through the car park when Folau arrived.

Folau turned towards where the victim and his colleagues were walking, tooting his horn. They were not in the path of the vehicle.

Because of the tooting, the victim and a colleague attempted to open a door on the defendant’s car as it drove past them.

Folau got out of his vehicle, approached the victim, and punched him in the right side of his jaw.

“The victim remained standing after the first punch, and the defendant punched him again in the face using a closed fist from his left hand,” the summary of facts said.

Folau then drove away.

Judge O’Driscoll accepted the offending was not premeditated, and occurred as a result of the victim, and his friend, touching Folau’s car.

“I accept that you are remorseful. You have no previous convictions. You were willing to attend restorative justice. You offered an apology, and a payment of $500.”

After the defence submitted a conviction could trigger deportation, Judge O’Driscoll told Folau that it was criminal offending, rather than a conviction, which would cause that.

“In your case, you have pleaded guilty to the charge, and have acknowledged the offending.

“In my view, you are already liable to be issued with a deportation liability notice even if you are not convicted.”

Judge O’Driscoll accepted there was a real possibility that Folau may be served with a deportation notice, but added “I simply do not know what Immigration New Zealand’s position will be”.

“I cannot say that the consequences of a conviction would be out of all proportion to the gravity of the offending,” the judge said.

“I have assessed the gravity of the offending as being moderately serious, and there will be consequences for the victim for the rest of his life.

“I am therefore not prepared to exercise my discretion, and discharge you without conviction.”

The charge Folau faced has a maximum jail term of seven years, and Judge O’Driscoll said, in his view, the appropriate starting point was 2½ years, or 30 months.

Judge O’Driscoll allowed a 15% reduction for personal circumstances, a lack of previous convictions, remorse, the reparation payment, and an offer to attend restorative justice.

A further 25% reduction for the early guilty plea reduced the 30 months to 18 months.

“I am prepared to convert that sentence of imprisonment to one of home detention … I think home detention is the least restrictive sentence.”