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• A young rugby player has avoided conviction for choking a man unconscious, due to his “bright future”.
• The victim suffered serious injuries, including a skull fracture and brain bleed, and was off work for months.
• Judge Nicola Wills granted  citing Tobias Oliver-Davies' remorse and potential rugby career.

A young rugby player who choked another person unconscious in an incident police say “could have easily resulted in a fatality” has avoided a conviction due to his “bright future”.

The victim spent four to six months off work after falling face-first onto the ground and suffering a serious head injury, the court heard.

Tobias Oliver-Davies, 21, appeared in the Wellington District Court today, having earlier pleaded guilty to assault with intent to injure.

The incident happened on Wellington's Courtenay Place. File photo / Mark Mitchell

The charge relates to an incident on a night out in central Wellington’s Courtenay Place, during which Oliver-Davies had a verbal disagreement with the victim, Judge Nicola Wills said.

The victim made a gesture through a window, and Oliver-Davies came outside and put him into a headlock until he passed out. The victim then fell to the ground, fracturing his skull and causing a gash on his eyebrow that needed 14 stitches. He was later found to have suffered a small brain bleed.

The police prosecutor said the victim had been off work for up to half a year recovering from the “very serious offending”.

“[He] basically strangled him and cut off his air so he couldn’t breathe … it could have easily resulted in a fatality.”

Police opposed Oliver-Davies' application for a discharge without conviction.

Defence lawyer Oliver Neas said his client was “a young man with quite a bright future ahead of him”, pointing to his aspirations in sports and study.

“In terms of the gravity of the offending there’s no doubt that it really is a tragic incident,” Neas said, noting Oliver-Davies did not realise the victim was unconscious at first.

Tobias Oliver-Davies appeared in the Wellington District Court today.

Neas said his client had no previous criminal history and had not so much as been in a fight before. He has since engaged in counselling to address the cause of his offending.

Neas also referred to a letter from Oliver-Davies' rugby coach, which he said showed he was a young man of good character, heavily involved in his community and youth outreach.

Judge Wills accepted Oliver-Davies was remorseful and was otherwise “pro-social”, and noted the letter from his coach described him as a talented rugby player.

“Your rugby coach considers you have potential to have an international career in rugby.”

She said Oliver-Davies put the victim in the recovery position once he realised he was injured, and left the scene after being told to go. He later handed himself in to the police.

Oliver-Davies now had plans to move to Australia with his long-term partner, and wanted to study accounting and pursue sporting opportunities.

She agreed the consequences of a conviction would be out of all proportion to the gravity of the offending, given Oliver-Davies' remorse, contribution to the community, and efforts to rehabilitate himself.

“What I want to say here is that this offending was serious and had serious consequences for the victim and that is not something to be underestimated or easily set to one side,” Judge Wills said.

“Having said that, looking at your background, the potential you have and the potential consequences that I think are realistic consequences for you . . . by a very small margin I’m going to grant you a discharge without conviction. Do not waste this opportunity.”

Judge Wills said it seemed Oliver-Davies had leadership qualities and could look into mentoring youth and using his own brush with the law to help others from going down the same path.

Melissa Nightingale is a Wellington-based reporter who covers crime, justice and news in the capital. She joined the Herald in 2016 and has worked as a journalist for 10 years.