Caregiver who punched high-needs child twice with a closed fist wants to become a nurse

A caregiver who pushed a high-needs teen onto a couch after he grabbed his shirt, then punched him twice in the torso, told police it was just a “playful thing” he does to help cheer the boy up.

It was Sai Sandeep Balasubramanian’s second confrontation with the 13-year-old that day. Earlier he had inadvertently splashed yoghurt on the victim’s face, which enraged the boy.

Balasubramanian put the victim in an arm-lock before using his knee to push him against the kitchen sink, causing hip pain.

Another carer intervened and broke up the altercation, and the 26-year-old was charged with assaulting a child.

He intended to defend the charge but pleaded guilty shortly before a judge-alone trial in November last year and on Tuesday in the Hamilton District Court pushed for a discharge without conviction, believing that if convicted not only would he be deported but so would his partner, who was in the country on his visa.

Through his counsel, Myles Rollason, Balasubramanian argued his nursing career was on the line.

Judge Tini Clark was initially unimpressed with Balasubramanian’s submissions as she believed they lacked any “genuine care, and bearing in mind his profession I’m a bit surprised by that”.

“Seriously?” she asked Rollason.

“It comes nowhere close to what I would expect.

“It’s all about him, the effect on him and those around him, me, me, me, and very little genuine consideration for the vulnerable boy that he had care for.”

Court documents state the defendant was giving the victim yoghurt for breakfast at his Hamilton home on February 24, 2024.

Afterwards, Balasubramanian told him to dispose of his rubbish, but the victim refused.

Balasubramanian shook the yoghurt lid, and some went onto the victim’s face.

He tried to wipe it off, and the victim became enraged and began punching Balasubramanian.

He put the victim in an armlock and, using his right knee, pushed him against the kitchen sink and held him there, despite the victim complaining of a sore hip.

After returning from the shops later that day, Balasubramanian asked the victim to take off his shoes.

He refused and became verbally abusive.

Balasubramanian approached the victim and stood in his face.

The victim grabbed his shirt around the front collar.

The defendant warned him not to rip it, but the victim said that he would.

Balasubramanian grabbed the victim by his collar and pushed him onto the couch.

During that, the victim’s shoe fell off, and he threw it at the defendant.

Balasubramanian approached the victim and punched him twice on the side of his body with a closed fist, before another carer intervened and Balasubramanian walked away.

When questioned, Balasubramanian said he was trying to wipe the yoghurt off his face.

He said the punches were a “playful thing” they do when the victim was upset to try and cheer him up.

Usually the victim would pretend to slow-motion punch and the defendant would fall backwards, and he would slow-motion punch the victim who would then dodge it.

Balasubramanian said he pretended to “be the enemy” and punch the victim and gently held the victim’s hands to make him feel safe and punched the sofa beside him with short little punches.

‘He struggled to express his remorse’

After Rollason revealed the $300 reparation, the judge briefly adjourned proceedings for Balasubramanian to reevaluate his “woeful” offer.

He returned with $2000.

Rollason said his client was genuinely remorseful but, like other young men, struggled to express “remorse in the way an adult would expect them to”.

In his dealings with Balasubramanian he said he’d also expressed genuine “sadness” for what the victim had experienced.

Balasubramanian had also undertaken several counselling sessions to help with anger management and conflict.

As for his career, in which he hoped to become a registered nurse, if he was granted a discharge, the Nursing Council would proceed without taking into account this offending.

But that irked the judge, who indicated she would make a direction that either way, the Nursing Council would be sent a copy of her sentencing decision.

“Unless they choose to utterly ignore these proceedings,” she said.

Crown prosecutor Kasey Dillon opposed the application, arguing that it was a serious assault on a victim Balasubramanian knew was high-needs.

He urged the judge to put to one side the possible impacts on his career.

Judge Clark said she had been concerned that Balasubramanian was someone equipped to deal with the challenges of high-needs clients.

At the time, he was 23 and relatively inexperienced, with six months’ experience in the job.

“And clearly from his behaviour he did not possess the tools and experience to deal with the victim and all of his associated needs.”

She raised an eyebrow at his explanation that he didn’t intend to hurt the victim and was trying to de-escalate the situation.

The first incident could fall into that category, but the second was “just a straightforward assault perhaps out of frustration”.

“It is not accepted that this was some kind of playfight,” she said.

She deemed it of moderate seriousness, but after considering the mitigating features, she felt Balasubramanian “has done just enough” not to be convicted and granted his application.

Belinda Feek is an Open Justice reporter based in Waikato. She has worked at NZME for 11 years and has been a journalist for 22.