Conditional discharge No disqualification for taxi driver after accident over choking incident
A CHOKER hold was not selfdefence, a judge told a man who appeared in the Dunedin District Court after causing spinal injuries to his victim during a camping trip.
Logan Carson (18), of Invercargill, was charged with injury in circumstances that would have been manslaughter if death had ensued.
However, Carson received a conditional discharge without conviction, after Judge Kevin Phillips took into account the circumstances of the offending and the effect a conviction would have on his future.
Carson was camping with his girlfriend, and his girlfriend’s stepsister and her partner, the victim, at Dunback Domain on August 8. The victim and Carson had been celebrating the victim’s birthday.
According to a police summary there was an argument, and the victim threatened Carson’s girlfriend, and raised a closed fist at Carson.
Carson grabbed him, forced him to the ground, put his knee into the victim’s back and placed his forearm across the victim’s throat, and started to choke him. The victim lost consciousness and needed treatment for spinal injuries at Dunedin Hospital.
Defence counsel Ann Leonard said Carson was frightened of the victim, who had told him about serving time in prison for violent offending. Carson stopped as soon as the victim began to make choking noises, she said.
Judge Phillips said the violence was ‘‘of a kind and a nature that is concerning and alarming’’ and noted the new strangulation legislation.
‘‘You forced him to the ground, and up until then you could have argued it was selfdefence,’’ Judge Phillips said.
However, he could not understand how a choker hold could ‘‘ever be described as a hold you put on in self defence’’, he said.
Rather, he believed Carson’s actions stemmed from the fact he was drunk, and he was ‘‘concerned that [the victim] might get up and beat the hell out of you’’.
He acknowledged the offending happened in a remote area, and that Carson’s girlfriend and her stepsister were having ‘‘difficulties’’ with the victim.
He accepted what had been said about the victim’s background, and that it would be more difficult for Carson to get a job in the agricultural sector.
Judge Phillips found a conviction would be out of all proportion to the gravity of the offending, and said provided Carson paid $600 in emotional harm reparation to the victim by March 31 he would be discharged. A TAXI driver who failed to apply the brakes to his parked vehicle, resulting in his passenger being run down at ‘‘minimal speed’’, is allowed to continue to drive.
Steven James Chapman (64) appeared in the Dunedin District Court yesterday for sentencing on one charge of careless driving causing injury.
The charge usually attracts automatic disqualification from driving for at least six months, but Judge Kevin Phillips accepted that special circumstances applied.
The passenger was in his 70s, and used a walker to get around.
In March this year, Chapman drove him home from the supermarket and parked the vehicle on Kaikorai Valley Rd, in a car park on a flat section of road.
After the man paid his fare Chapman opened the boot to get his walker out, but left the vehicle in drive and the footbrake off.
‘‘As the defendant walked to the boot, he noticed it was rolling forward towards a parked vehicle.
‘‘He yelled at the victim to put the car into reverse. The victim reached into the vehicle and put the gear stick into reverse,’’ a police summary of facts said.
When the victim stepped out of the vehicle he was struck by the open passenger’s door, and fell to the ground, the front left wheel of the vehicle running over the victim’s right leg.
The victim sustained a serious gash to his leg. He was suffering ongoing physical and psychological consequences of the accident, and was taking antidepressants.
Chapman was represented by defence counsel Andrew More, who said the level of carelessness that had taken place was ‘‘relatively low’’.
Mr More noted the flat gradient and the ‘‘minimal speed’’ at which the taxi was travelling.
Mr More presented a letter of support for Chapman, from the taxi company who employed him.
Judge Phillips said Mr Chapman had to take the victim as he found him.
He questioned why Chapman had not taken the few steps necessary to get back to the taxi and stop it himself.
However he accepted there were ‘‘particular circumstances capable of constituting special reasons’’.
‘‘I think Mr Chapman would’ve been very surprised to see the car moving slowly towards him,’’ Judge Phillips said.
Chapman was ordered to pay $1200 to the victim, but no order was made for disqualification.