9 years jail for road rage

File photo / Supplied.

HAMILTON - Enraged because another driver flashed his lights and honked his horn at him, Rotorua man Richard Marsters followed and confronted the man before shooting him in the jaw and arm with a pistol.

As the man lay on the ground, Marsters used the firearm to beat him about the head.

At Marsters' sentencing in the High Court at Hamilton today, a judge denounced his actions with a prison term of nine years, six months for the attempted murder of the man, whose name is suppressed.

Justice Denis Clifford imposed an additional three years' jail for assaulting the man with a weapon. This is to be served concurrently with the longer sentence, however both sentences are cumulative on a four-year prison term Marsters is presently serving on methamphetamine and cannabis convictions.

He was ordered to serve a minimum non-parole period of six years.

A jury at a Hamilton trial in August found 50-year-old Marsters guilty of the attempted murder and assault with a weapon charges.

"The jury clearly inferred your use of the firearm demonstrated your intention to kill," Justice Clifford said.

He described Marsters' actions as "dangerous, sustained and violent offending in a public place".

"They demonstrated outright thuggery ... an extreme form of road rage in response to a minor matter."

He noted Marsters showed no remorse.

Outlining the offending, Justice Clifford said Marsters had stopped on Rotorua's Te Ngae Rd where the victim had flashed his lights and honked at him. He followed the man to near-by Eruera St, demanding to know what he had been doing.

The victim's nephew wrestled with Marsters who charged at the older man, abusing him and poking him with the barrel of a pistol concealed in his vest pocket.

Marsters then hit him, pointed the pistol at his throat, struck him in the chest then shot him twice. Stunned and concussed, the man stagged to the ground where Marsters used the pistol to hit him about the head.

As Marsters drove off, the victim's nephew noted the car's number plate.

Although the man's physical injuries had not been on-going, his victim impact statement indicated he had suffered in many other ways.

His then-partner, who had recently given birth, had felt vulnerable and a loss of safety in public. His step-daughter required counselling. The couple had eventually separated.

In addition, there had been a negative impact on the man's mental well-being which led to his business being severely affected.

Defence counsel Peter Kaye submitted that Marsters' age and poor health should be taken into consideration. Marsters had had a triple heart bypass three years ago and was permanently on medication.

He acknowledge Marsters had a lengthy criminal history but his last violent offence had been almost 15 years ago.

Crown prosecutor Chris Macklin said the sentence imposed must denounce Marsters' actions and act as a deterrent to others.

"Something needs to be done so the community is protected," Mr Macklin said.

- NZPA