Dunedin District Court

THINKING the victim might have been involved in paedophilia, a man seemingly hunted him down, undertaking persistent vigilantetype action in a prolonged and persistent series of events, Judge Philip Connell said.

The paedophilia allegation was unfounded. There was no truth in it. But the defendant took on the jobs of judge and jury, the judge said.

Donovan Ross Constable (24), farm worker, of Morven at the time, was before the Dunedin District Court convicted of assaulting the victim using a broken bottle as a weapon, two Crimes Act assaults on him, intentionally damaging the victim’s car (two charges), intentionally damaging a window, unlawfully having an offensive weapon (an axe) with him in public, and intentionally damaging a van.

He was sentenced to 15 months’ jail (with six months’ release conditions) and is to pay $3000 reparation.

Reviewing the facts, the judge said Constable and the victim were at a party in Stenhope Cres, about 7.30pm on December 2.

Constable told the victim to leave because he believed he had allegedly made advances to girls also present.

‘‘You thought he might have been involved in paedophilia,’’ the judge told Constable. ‘‘There were no grounds . . . no truth in the allegations.’’

To avoid any confrontation, the victim left with a female associate and got into his car.

As he went to drive off, Constable struck him in the head a number of times through the open window. The victim was then able to start his car and drive off.

In Middleton Rd, about 9.10pm, the victim saw Constable approaching him holding a glass bottle which he smashed on the kerb.

When he got closer to the victim, Constable yelled he had better start running as he was going to slash him.

The victim could see Constable holding a section of broken glass in a threatening manner.

As the victim ran towards an address to which he was heading, Constable threw the piece of glass, striking him on the back.

He then threw a bottle through the rear window of the victim’s car and continued after the victim.

After punching the victim a number of times in the head, he left.

About 11.50pm, Constable returned with a large axe. He found the victim’s car in the driveway and attacked the vehicle’s bonnet and windscreen.

Occupants of the address heard the damage happening and came outside. They saw Constable attacking the car and retreated into the house. Just after they were back inside, a glass bottle was thrown through a bedroom window, making a large hole.

About ten minutes after midnight, at an unrelated address in Middleton Rd, Constable attacked a parked van causing moderate damage.

Counsel Anne Stevens said the offending, ‘‘somewhat out of character’’ for Constable, seemed to have been directly caused by the overconsumption of alcohol.

There was no basis for what he did ‘‘other than silly gossip at a party’’.

Constable did not want to drink alcohol again.

‘‘He realises it is poison to him.’’ Constable was willing to pay reparation.

He entered an early guilty plea. The judge noted the victim had concussion from the punches to his head and was off work for a week.

Describing Constable’s actions as ‘‘a disgraceful series of events’’, he commented on the persistence of the offending. ‘‘It didn’t stop at 7.30pm. It just went on.’’

And there was no basis for Constable’s views, he said.

Constable’s jail sentence is made up of 15 months for assault with a weapon, and shorter concurrent terms on all other charges.