Man broke child's arm
A man who kicked and injured a child did so only 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 this 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 whether it was the force of the kick or the fall which caused the fracture, his lawyer, David Wang, said.
"He was worried about [the child] getting hit by a car and he kicked [the child]," he said.
"It's accepted it wasn't an accident."
A probation report recommended Te Pou be sentenced to community work and supervision.
However, police prosecutor Sergeant Gaye Gurnick said that was "not appropriate and 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 give probation services the opportunity 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.
- Fairfax Media