Singh approached the victim, grabbing him by his arms and pushing him toward the restaurant.

The victim pulled away and tried to run across the road but was chased by Singh.

When he caught up with the victim, Singh punched, kicked and slapped him.

The victim tried to run away again but tripped over and hit the back of his head in the process.

Singh attempted to drag the concussed man down a nearby driveway but was interrupted by a member of the public, and instead returned to the restaurant.

The victim sustained a significant concussion, multiple bumps and bruises and a cut lip during the assault.

When spoken to about the incident, Singh told police he was drunk at the time and the victim had made a racial remark to him.

But the victim, a Fijian of Indian descent, claimed it was the other way around, saying Singh, whom he did not know, had made racial remarks to him.

In court, Judge Stephen Harrop said the victim suffered not only physical harm as a result of the incident but also financial.

The victim, who had to take time off work and hire a professional baker to cover him, told the court he hoped justice would be served and Singh would be held accountable.

Among the aggravating factors Judge Harrop identified, he described the offending as a persistent attack and said even if racial remarks were made, they did not justify a physical response.

He said the incident could have been fatal.

“Hitting the back of his head after falling is the kind of situation that could so easily have been a fatality.

“You could well have been facing a manslaughter charge without any more fault on your part, even though there is no suggestion you intended to kill him or even seriously hurt him.

“And then there was the attempt to further drag him down the driveway which was only interrupted by a member of the public.

“The inference is that if he or she hadn’t intervened, the assault would have carried on and who knows what more injuries may well have been suffered then.”

Judge Harrop said a more serious charge would have been justified, had one been laid.

Singh faced a representative charge of common assault and made an application for a discharge without conviction, which police did not oppose.

In considering the application, the judge acknowledged Singh had promptly pleaded guilty, his previous good character, his genuine remorse, and that he had attended a restorative justice meeting with the victim.

He had abstained from alcohol since the incident, which he intended to maintain, and had offered to pay the victim reparation.

Judge Harrop found that in light of the mitigating factors, the gravity of the offending was at a low level.

He found the consequences of a conviction would “very likely make a big difference” to whether Singh could remain in New Zealand.

Singh has been in the country for two years on a work visa, which expires in November next year.

Judge Harrop also accepted that if Singh was deported, it would have serious consequences for several members of his family, including his unwell mother, who lived in India and whom he supported.

He sent her money for life-saving medication, food, and to assist with costs relating to her house.

“You have a significant obligation to your mother and if you were back in India, I understand you come from a small village, and if you could get a job, which is doubtful, you certainly wouldn’t get paid very much, so your ability to provide for her would be very seriously reduced,” Judge Harrop said.

He was satisfied that the direct and indirect consequences of a conviction would be out of all proportion to the reduced gravity of the offending.

The judge granted the discharge without conviction but ordered Singh to pay emotional harm reparation of $1000 to the victim.

Singh’s friend has also been charged in relation to the assault but has yet to enter a plea.

Tara Shaskey joined NZME in 2022 and is currently an assistant editor and reporter for the Open Justice team. She has been a reporter since 2014 and previously worked at Stuff covering crime and justice, arts and entertainment, and Māori issues.