WARNING: This story is about family violence

A man left an imprint of his boot on his partner’s forehead and face after stomping on her after an argument over money escalated.

Kiro Fortes strangled his partner before throwing her to the ground and stomping on her several times during an attack at their home last year.

He appeared in the Hamilton District Court via audio-visual link this week for sentencing on charges of injuring with intent to cause grievous bodily harm and strangulation.

His counsel, Rhiannon Scott, managed to convince Judge Denise Clark not to send him to prison and instead follow her suggestion of a home detention sentence.

‘Fingers were pressed into her throat firmly’

The pair had been at home having a few drinks on the evening of August 16 last year when they began arguing over money.

Kiro grabbed the victim, held her down on the ground, putting his hands around her neck, and pressing his fingers “firmly” into her throat, restricting her breathing for a short time.

She was able to escape to the bathroom and called police, but when she came out Kiro grabbed her phone and threw it on the floor.

As she was walking towards the door to leave, he grabbed her by the hair and threw her on the ground, and then stomped on her head “several times”.

The victim was left with impressions on her forehead and upper face area, two large bruises on the side of her head, bleeding from her right ear, and grazing and scratches.

Rhiannon says Kiro had written a remorse letter to the victim and was keen to take part in restorative justice but the organisation was unable to contact the victim.

He’d also completed a violence prevention course and Barnados parenting programme while on electronically-monitored bail along with a letter from Oranga Tamariki confirming him as a suitable solo father to the couple’s three children.

She asked for a 10 per cent discount for remorse and restorative justice, along with a further 15 per cent for his personal circumstances and rehabilitative steps and credit for time on e-bail and in custody.

While prison was recommended in the pre-sentence report, Rhiannon urged the judge to consider home detention given the steps Kiro had been taking towards rehabilitation and the fact he would be the sole carer of his three children.

He had also since moved to Auckland.

However, while police prosecutor Sergeant Stephen Leet acknowledged Kiro steps towards rehabilitation, he wasn’t so convinced about his remorse.

“There’s nothing in there that mentions an apology to the victim at all.”

‘They rely on you’

Judge Denise says of concern was the attack to the woman’s head, her vulnerability, and the fact she was on the ground.

“On the ground, it’s very difficult to do much to protect yourself, or help yourself,” she says.

Judge Denise took a starting point of three years and three months in prison and gave a 25 per cent discount for his early guilty pleas, 20 per cent for his personal circumstances, and 5 per cent for his willingness to participate in restorative justice,

However, she stopped short of issuing any discount for remorse as she agreed he didn’t appear to have insight into his offending.

She got down to 15-and-a-half months’ prison and agreed to convert that into home detention for seven-and-a-half months so he could continue to care for his children.

“They rely on you and it’s acknowledged the impact of incarceration on children.”

Judge Denise ordered him not to associate with the victim unless he had the prior permission of his probation officer.

FAMILY VIOLENCE

How to get help: If you're in danger now: • Phone the police on 111 or ask neighbours or friends to ring for you.
• Run outside and head for where there are other people. Scream for help so your neighbours can hear you.
• Take the children with you. Don't stop to get anything else.
• If you are being abused, remember it's not your fault. Violence is never okay.

Where to go for help or more information:
• Women's Refuge: Crisis line - 0800 REFUGE or 0800 733 843 (available 24/7)
• Shine: Helpline - 0508 744 633 (available 24/7)
• It's Not Ok: Family violence information line - 0800 456 450
• Shakti: Specialist services for African, Asian and Middle Eastern women and children.
• Crisis line - 0800 742 584 (available 24/7)
• Ministry of Justice: For information on family violence
• Te Kupenga Whakaoti Mahi Patunga: National Network of Family Violence Services
• White Ribbon: Aiming to eliminate men's violence towards women.

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