Dunedin District Court

AN assault by a 22yearold Dunedin man was the result of him totally losing control of his temper and a clear example of road rage, Judge Kevin Phillips said.

Hayden Allan Jolly, mechanic, had been convicted of a Crimes Act assault.

After pleading guilty he was for sentence in the Dunedin District Court this week.

The police summary said Jolly was a passenger in a vehicle heading south in narrow Neil St where, with parked vehicles on one side, southbound travellers had to give way by pulling to the left.

The victim, driving a work truck, was heading north.

The driver of the vehicle in which Jolly was a passenger overtook a vehicle which had stopped to let the victim through. Due to the driver having to take evasive action Jolly became upset at the victim, resulting in the driver and Jolly turning and following the victim.

When the victim stopped at Anzco to make a pickup, Jolly approached and tried to open the truck door.

The victim got out of the truck. Jolly, very agitated, shouted at him and then punched the left side of his head four times.

During the assault, Jolly’s cellphone and sunglasses fell from his pocket. He then tried to tell the victim he owed him a new cellphone and sunglasses.

Jolly was sentenced to three months’ community detention (curfewed 7pm7am daily) and ordered to pay $600 emotional harm reparation.

Intensive supervision

Counsel had quite rightly and properly submitted intensive supervision, ‘‘where I can keep an eye on you’’, was appropriate, Judge Phillips said while sentencing Alexander John Tane Thomas, employed, of Dunedin.

‘‘For the next 12 months you will know my eye is over your shoulder all the time,’’ he told the 18yearold.

Thomas had been convicted of intentional damage, and a Crimes Act assault on his father, on March 11.

The police summary said Thomas was living at his father’s house at the time.

About 12.20am, Thomas arrived home with his girlfriend after being out for drinks.

He sat down at the kitchen table. And when he began banging his head on the table, his father told him to go to bed.

Taking exception to the comment, Thomas flipped the table over, threw a bottle of sauce at the wall and pushed the microwave off the bench. He also attacked the back door.

Swinging punches, Thomas connected with the victim more than once, punching his head and body. After a resulting tussle, Thomas threw the victim’s cellphone against the wall, causing it to smash. And he took no heed of his girlfriend telling him to go outside.

Public defender counsel Brendan Stephenson said intoxication had lowered Thomas’ inhibitions. Thomas regretted ‘‘immensely’’ what happened. He acknowledged alcohol was a major factor and was willing to address the issues underlying his offending.

Judge Phillips noted Thomas ended up in custody as a result of breaching bail. He also had a conviction last year for assaulting a female.

Thomas’ father, whose injuries included a couple of fractured ribs, had been very pragmatic and did not want reparation, the judge said. ‘‘He says it is what it is.’’ Thomas was sentenced to 12 months’ intensive supervision with conditions including requirement to undergo an alcohol and drug assessment, anger management counselling and Stopping Violence.

Other convictions

Daniel Selwyn Bishop (20), salesman, of Dunedin, drinkdriving, 774mcg, and careless driving (victim, in vehicle in Cumberland St, stopped for red light at Queen’s Gardens intersection; defendant, also in Cumberland St, failed to see victim stopped in front of him, crashed into rear of his vehicle), about 11pm, May 12, for drinkdriving fined $900, court costs $130, medical expenses reparation $32, disqualified nine months; for careless driving convicted and discharged). Judge noted Bishop had already made full reparation for vehicle damage.

Ayson James GordonGlassford (23), employed, of Balclutha, drinkdriving (defendant was driving south at Benhar and crashed into a ditch, right rear tyre punctured, public reported the accident to police, GordonGlassford replaced the tyre and drove home where police found him, explained he had bourbon RTD in Milton and further drinks when he got home to ‘‘steady his nerves’’; counsel Brendan Stephenson said the accident was caused by a truck and his client swerved to avoid a collision), 553mcg, 4pm, May 10, Milton Highway, fined $700, court costs $130, eight months’ disqualification, car forfeited.

Michelle Carolyn Annand (54), artist, of Berwick, drinkdriving, 528mcg, November 3, Great King St, fined $520, court costs $130, six months’ disqualification.

James Rata Stevenson (44), builder, of Dunedin, Crimes Act assault (victim known to defendant; at victim’s address, pair began arguing over money and bills; during argument victim yelled at defendant, asked him many times to leave; defendant slapped victim once on left side of head above the ear resulting in swelling and bruising), about 5.30pm, February 10, 150 hours’ community work. Stevenson told judge he could honestly say the incident ‘‘a oneoff for both of us’’. Judge noted Stevenson had been free of violence since 2005, told him he had totally let himself down. Stevenson said that was what hurt the most.

David Joseph Earle (24), possessing offensive weapon, a Taser, in circumstances showing intent to use it to commit offence involving fear of violence (victim, defendant’s mother, went to defendant’s address; argument about defendant housesitting for her; defendant picked up homemade Taser, activated it while holding it in front of himself; victim, became fearful, left and phoned police), about 9.30pm, May 14, 80 hours’ community work, order for destruction of the Taser, nine months’ supervision. Judge acknowledged Earle did not point Taser at victim; noted victim asked he be allowed a fresh start, declined restorative justice, thought a Stopping Violence course would be of some help to him.