Carson Stock was sentenced in the Wellington District Court on Thursday for making an intimidating gesture to a witness. Photo / Facebook
Carson Stock used an “intimidating” gesture to threaten to cut the throat of a witness set to give evidence against him, when the two men’s paths crossed outside court.
“Mind your own business [and] keep your nose out of it you silly f****** old c****,” Stock said to the witness. “You better not be here when I go and get my car.”
The 34-year-old then made a throat-slitting gesture during the 2020 encounter.
On Thursday Stock was sentenced in the Wellington District Court to 10 months’ home detention on charges of perverting the course of justice and threatening grievous bodily harm.
He was found guilty on both charges by jury trial in September.
His lawyer, JD Dallas, said the gesture was just a common movement across the throat, but Judge David Phillips disagreed and said intimidation of a witness was serious.
“It is offending that strikes at the heart of the administration of justice.”
The intimidation happened when Stock was at the Hutt Valley District Court on December 15, 2020, to face a judge-alone trial for unrelated offending.
But when the hearing was adjourned the Hutt Valley builder left the courthouse, coming across a witness in the case who was to give evidence against him.
The witness was outside when Stock began threatening the man.
Exclaiming he had “got off it”, Stock launched into what was described in evidence at trial as a “rant” directed toward the witness.
He told the man to mind his own business and to “keep his nose out of it” before making lewd comments and threats, warning the witness he’d “get what’s coming” before motioning with his hand.
Judge Phillips said the victim and his family felt at risk after the comments, and the man kept his daughter at home out of fear Stock would act on his threats.
“It was explicit, it was intimidating,” Judge Phillips said.
“You weren’t on a rugby field prior to a test match in the middle of an All Black haka, you were in the Hutt court with a witness who was giving evidence against you.”
Crown prosecutor Tamara Jenkin said Stock’s actions outside the courthouse were “clearly a deliberate attempt” to put the witness off giving evidence with threats.
Jenkin said a sentence of imprisonment was appropriate and, in quoting the Court of Appeal, said any attempt to dissuade the course of justice should be deplored.
Dallas said his client was frustrated by his case being adjourned and his threatening action, moving his hand across his throat, was common.
“It happens all the time sir,” Dallas told Judge Phillips.
Dallas said his client could pay $500 in emotional harm reparation as Stock was now working and could afford such a payment.
However, Judge Phillips called the gesture “fanciful in the extreme” and said he didn’t believe the reparation offer to be achievable because Stock already faced around $2000 in outstanding reparation payments.
“Reparation is nothing but a whisper and a whim without any basis behind it,” he said.
The judge did not accept Stock’s justification that his offending was “in the heat of the moment”.
“Intimidation of a witness is a particularly serious crime,” he said. Even though it was not made in the courtroom, the reason behind his threats was “obvious”.
“Your words, your conduct was made with the clear threat and in my view the clear intention to dissuade the victim to give evidence, thus striking at the heart of the judicial system.”
Stock will serve his sentence of home detention and will be subject to six months post-detention conditions, including attending an anger management course.
Hazel Osborne is an Open Justice reporter for NZME and is based in Te Whanganui-a-Tara, Wellington. She joined the Open Justice team at the beginning of 2022, previously working in Whakatāne as a court and crime reporter in the Eastern Bay of Plenty.
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