Kicking sentence delayed

16:00, Feb 03 2014

A man kicked and injured a child because he was worried about the child being hit by a car, a court has heard.

Duane Te Pou, 34, appeared in the Manukau District Court at a sentencing hearing last week after previously pleading guilty to a charge of injuring with intent to injure.

While walking his dog in May last year, he saw the child recklessly cross the road on a scooter. The court heard that Te Pou followed to the other side and aimed a kick at the child's stomach, which resulted in a fracture.

It was unclear if the force of the kick or the fall caused the fracture, Te Pou's lawyer David Wang said.

"He was worried about [the child] getting hit by a car and he kicked [the child].

"It's accepted it wasn't an accident."


A probation report recommended community work and supervision, but police prosecutor Sergeant Gaye Gurnick said that was "very much on the light side", especially when considering the defendant had a previous conviction for assault.

It was also significant the court had not received a victim impact statement from the child, she said.

Judge John McDonald adjourned the sentencing for that to be obtained and to allow probation services to assess the suitability of Te Pou's home for serving an electronically monitored sentence.

Te Pou will be back in court for sentence in March.

Manukau Courier