First offender admits ‘losing the plot’
THE defendant lost control when he found out his partner was with someone else.
He had not realised the relationship was over, counsel John Westgate said at the man’s sentencing in the Dunedin District Court yesterday.
Bobby Darin MacGillivray (25), of Dunedin, had been convicted of two charges each of dangerous driving, possessing an offensive weapon (a cricket bat), and intentional damage.
He was sentenced to four months’ community detention, 150 hours’ community work and nine months’ supervision, and was disqualified from driving for 10 months.
All six charges were from his actions between about 5.15am and 8.15am on October 18.
‘‘He accepts responsibility for completely losing the plot,’’ Mr Westgate said.
MacGillivray guilty.
He was very unlikely to reoffend and had no previous convictions, Mr Westgate told Judge John Macdonald.
The police summary said a twoyear relationship between MacGillivray and his former partner ended on October 15.
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About 5.15am on October 18, MacGillivray drove to a South Dunedin address, where his former partner and her new partner were present. He got out of his vehicle and, with a cricket bat, damaged a Holden vehicle the woman’s new partner had been using.
The new partner came outside to confront him but retreated and locked the door when MacGillivray charged at him.
MacGillivray struck the front door with the cricket bat, smashing the glass pane.
He then did more damage to the Holden before driving off.
Soon after, police saw him drive past the South Dunedin address and signalled him to stop. He did not but accelerated heavily, reaching an estimated speed of 120kmh in a 50kmh zone before disappearing out of sight.
About 7.15am, MacGillivray sent a Facebook message saying he was going to the new partner’s home in Green Island.
The victims of the earlier incident arrived there about 7.30am and saw him stop near the house.
There was a further incident in which MacGillivray again used the cricket bat, resulting in the victims fleeing into a garage.
When he left, the victims called police.
In Green Island, about 8.15am, police noticed him driving and again signalled him to stop.
But he again accelerated, reaching an estimated 80kmh in a 50kmh posted area busy with commuters and schoolchildren.
In Main South Rd, nearing the intersection with Quarry Rd, he drove on the left footpath for about 30m before directing his vehicle into a power pole, causing his vehicle to go over a 3m4m bank and land on its roof.
The power pole was split in half by the impact.
MacGillivray was taken to hospital and discharged the same day.
Judge Macdonald noted MacGillivray was a first offender and that the offending was directly linked to the turmoil in his life when his relationship ended.
Also noting MacGillivray had spent just over three weeks in custody, he told him ‘‘you have only yourself to blame because you breached your bail conditions’’.
MacGillivray’s community detention curfew is 6pm6am daily; he is to pay $160 reparation for damage to the door; and there is a protection order against him in favour of his former partner.