A teacher with a “quick temper” has managed to avoid a conviction after a drunken exchange with a vape store worker while out on the town in Hamilton.

Judge Tini Clark granted Tevita Hufanga a discharge without conviction today in the Hamilton District Court, but warned him to “keep a lid on that temper” now he had successfully completed anger management and alcohol abuse courses.

The 40-year-old Auckland man appeared for sentencing today and sought a discharge on charges of common assault and refusing to give particulars to police after an incident in a vape store on Hamilton’s Victoria St in August last year.

Hufanga’s counsel Mark Jepson said his client had been out drinking with friends after attending a rugby game.

He was given money by one of his friends to look after because the friend had a “propensity for spending it all”.

The friend eventually asked for the $100, and when looking for somewhere to withdraw the money, decided to go into the vape store.

Hufanga had hoped by giving his friend the money, he would cool down, as they were arguing at the time.

However, noticing their behaviour, the shop worker declined to give them the cash.

He later told police he had been punched, but Jepson said a review of the store’s CCTV footage would show this was false.

The footage instead showed Hufanga reaching over the counter and pulling at the side of the shop worker’s hoodie.

“There’s not a lot of force. His head hasn’t really moved, but the side of his hoodie has,” Jepson said.

The defence lawyer said it was unlikely his client would have been charged if the true nature of the exchange was initially known.

“There’s no physical contact... counsel says the actions of the victim should be taken into account, where he has not told the entire truth to police, and made a complaint,” Jepson said.

The charge had caused serious consequences for Hufanga, who hadn’t been able to teach since April 6 this year.

Judge Clark queried whether the Teaching Council had been informed, and Jepson confirmed it would be notified.

While it would be unlikely to affect his current job, it could affect any other job he applied for as he would have to disclose his criminal history, Jepson said.

Jepson added that his client had taken rehabilitative steps as encouraged by Judge Clark during his last appearance in May.

The judge noted how she had also experienced Hufanga’s quick temper in May at an earlier court appearance.

“I have received, by virtue of affidavit evidence, something of an apology because of Hufanga’s behavior on the last occasion when I declined to deal with his application as and when he wanted me to,” she said.

“I observed that Mr Hufanga was very quick in terms of his temper.

“He certainly was not respectful to this court... I get the impression that Mr Hufanga, when he finds himself in stressful circumstances, behaves in the manner I have just described.”

However, she acknowledged Hufanga’s successful completion of the courses, as well as his future meeting with the Teaching Council regarding the renewal of his registration.

“If not for this employment issue, it is unlikely the other two matters would be successful for an application.”

She found the gravity of the offending was at the low to moderate end, but given the work he’d done, it was now at a low level.

Judge Clark accepted a conviction would create “some real difficulties” for Hufanga and his future employment, so granted his application for a discharge without conviction.

She then told Hufanga to in the future, “stay on top of your alcohol issues and keep a lid on that temper of yours”.

Belinda Feek is an Open Justice reporter based in Waikato. She has worked at NZME for eight years and has been a journalist for 19 years.