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30-12-1899

Tenant admits assault charge

Nelson Mail

A Takaka carpenter assaulted his 83-year-old landlord in frustration over a tenancy dispute, Nelson District Court has heard.

Steven James Trotter, 39, admitted a charge of assault when he appeared in court on Monday.

Police prosecutor Sergeant Wayne Johnston said on February 9 the landlord went to the house Trotter was renting and parked at the rear of the property to do some maintenance.

Trotter came home and parked in front of his landlord, blocking him in.

The landlord left his car there so he did not have to see Trotter, because they were not 'getting along', Mr Johnston said.

He came back later, and finding his car was still blocked, banged on the door of Trotter's home and called for him to move his car.

Trotter was on the phone and, annoyed at the interruption, swore at his landlord and told him to leave, Mr Johnston said.

Trotter later moved his car, but was woken by his landlord returning to drive away about 10pm. He went outside and demanded to know why the landlord kept coming around.

The landlord had his car door open and his foot hanging out. Trotter repeatedly shoved the car door closed on his foot.

The landlord managed to drive away, but stopped in a neighbouring driveway. Trotter followed him, and continued to verbally abuse him.

Trotter hit the man on the chin, Mr Johnston said.

Defence lawyer Brett Daniell-Smith said the incident was the result of a tenancy dispute that got out of hand.

Trotter took his landlord to the tenancy tribunal because he kept coming to the property. The tribunal found in Trotter's favour that the landlord had 'breached his right to peaceful enjoyment'.

'What he was trying to do was get rid of this man, who he felt was continually pestering him.'

Although the landlord was an elderly man, 'he is obviously a fiesty old man', because he was willing to confront Trotter, Mr Daniell-Smith said.

Trotter had previously suffered a nervous breakdown and was stressed by the tenancy dispute, Mr Daniell-Smith said.

Judge Pat Grace said Trotter's actions were 'deplorable'.

'You have said that you only quote 'tapped' the complainant once on the jaw. The victim impact statement ... says that the victim said that he received bruising to his right arm, his right ankle was bruised and lower lip was sore and bruised from where he was hit. At first he thought you had broken the bottom plate of his teeth but it was only dislodged.'

The victim advisers' report said the landlord had been hit 'over and over again'.

'Obviously there's a complete divergence between the two of you as to what occurred.'

Judge Grace ordered Trotter to pay reparation of $750 to his landlord for emotional harm.