Roma’s lawyer Jesse Lang pushed for his client’s name to be permanently suppressed, citing the safety of him and his young family after threats were made on social media in July after details of the attack were released by police.
But Judge Arthur Tompkins declined, citing not only the seriousness of the attack, but also that people often didn’t have the “means or intention” to carry out anything, “well beyond simply passing commentary from the safety of their keyboards”.
“In my view, there’s no evidence of real risk or extreme hardship to either the defendant or his family.
“Inevitably offending of this kind will attract publicity, but I do not consider that the high threshold of name suppression … has been met here.”
‘Kicked and punched to the head and chest’
While the victim is 29, he has autism and the mental and emotional maturity of a 4 to 6-year-old.
It was 5.55pm when the victim was walking alone along Sandwich Rd, St Andrews, and outside the All Saints Community Church, when Roma and two other associates pulled up in a Nissan Skyline.
The trio got out and approached the victim, who then tried to run away.
All three pursued him, and one “violently” pushed him to the ground.
They then surrounded him, and all began kicking and punching him to the head and chest multiple times.
A witness who knew the victim saw the assault and ran across the road, yelling at the trio to stop.
Sheldon Roma and two others viciously assaulted an autistic man in a Hamilton street in a mistaken vigilante attack. Photo / Police
One of Roma’s associates then picked the victim up off the ground in a choke hold before dropping his limp body to the ground.
They all then left.
The victim was hospitalised with grazes to his elbows, knees, and top of his feet, a bloody nose and swollen jaw.
Roma eventually handed himself in after police issued a press release and a photo of the trio at the scene.
He declined to speak to police after getting advice from his lawyer.
‘It wasn’t entirely out of nowhere’
Lang had initially filed an application for discharge without conviction on behalf of his client, but that wasn’t pursued today.
He also urged Judge Tompkins to hand down a sentence of community detention and supervision along with emotional harm reparation.
When asked about Roma’s co-offenders, Lang said one had been charged, while the third was yet to be identified.
Asked why it happened, Lang said he didn’t want to go into detail in open court.
“So this is effectively vigilante action?” the judge asked him.
“Yes, sir, I can’t step back from that.
“It wasn’t entirely out of nowhere.”
The judge also noted Roma had been involved in “at least” four domestic violence police callouts, which seemed contrary to letters that had been annexed to Lang’s submissions.
Lang said family violence callouts could relate to any number of incidents, which are not “necessarily proven”, which was the case with Roma.
The police prosecutor pushed for a home detention sentence and emotional harm reparation of $1000.
She also noted the victim opposed Roma’s name suppression, under new changes to the Victim Rights Act, which now sees them able to oppose or support suppression.
‘This was mistaken vigilante justice’
Judge Tompkins noted the victim had previously been living independently but was now back living with his family due to what happened.
He has been left unable to leave the house and remains “extremely anxious” when he has to.
“Mr Lang … accepted that this attack was in the nature of mistaken vigilante justice.
“The defendant and his associates believed, without foundation, that in their eyes the victim deserved a beating, but it’s clear that that belief was completely unprovoked.
“What has occurred is a serious beating in the street by three offenders against a very vulnerable victim.”
Roma was sentenced to four months’ home detention and ordered to pay $1000 emotional harm reparation at $20 a week.
Belinda Feek is an Open Justice reporter based in Waikato. She has worked at NZME for 10 years and has been a journalist for 21.