'No excuse' to use vehicle as weapon - Judge

James McDowell was sentenced to 130 hours of community work and disqualified from driving for eight months. Photo / Getty Images

A man whose truck was smashed up with a metal bar on Christmas Day then tried to corner the man who had done it by using his Range Rover as a weapon.

Engineer Andre James McDowell, 52, of Invercargill, yesterday appeared for sentencing before Judge John Brandts-Giesen in the Invercargill District Court.

The judge said on Christmas Day last year McDowell was driving his Range Rover down Lindisfarne St in Invercargill and it was when he got to the Night 'n Day store, the victim, who he knew, started to verbally abuse him.

McDowell approached the victim in an aggressive manner.

"As you went to leave, the victim kicked the rear side of your vehicle causing a large dent in the vehicle," Judge Brandts-Giesen said.

A further fight took place before McDowell left.

However, he later returned, getting out of his vehicle with a metal bar and approaching the victim who was talking to a friend.

The victim then pulled a small metal bar from under his top and a fight ensued, causing disruption to the traffic at the intersection.

"The victim ran towards your vehicle and used the metal bar to smash the right side of the windscreen."

After McDowell began to chase the victim, he returned to his car and drove directly at him while he was standing on the footpath.

When the victim ran to the other side of the street, McDowell did a U-turn and continued to drive on the footpath towards the victim driving directly at him, hitting him on the left side of his body and causing him to fall over.

McDowell then drove away.

The victim received no injuries and was to appear before the court for his part in the incident, Judge Brandts-Giesen said. There was provocation in regards to the attack.

"However that may be an explanation but it is no defence and no excuse for your wrongdoing because you used your vehicle as a weapon — even if I accept that it was only to cut off the victim after the attack on your vehicle.

"However self-imposed justice has no place in our society."

McDowell was sentenced to 130 hours of community work and disqualified from driving for eight months.

"Because that [the disqualification] reflects the inherent danger of what you did that day."