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Home / New Zealand

Punch up on road ends in court

By Don Farmer; don.farmer@age.co, nz
Wairarapa Times-Age·
1 May, 2013 07:25 PM4 mins to read

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A road rage incident during which a 52-year-old Masterton man opened the door of a vehicle stopped at traffic lights in Petone and threw a series of punches at its driver had its sequel in Masterton District Court yesterday.

The all-day hearing, in which the man pleaded not guilty to Crimes Act assault and defended himself in company with a McKenzie Friend, ended with Judge Peter Hobbs allowing a last-minute plea from the defendant for interim name suppression.

He was allowed until May 27 to prove publication of his name would endanger his health, bring harm to his family and impact on his means of making a living.

He was convicted of the assault and ordered to pay the victim $500 as an emotional harm payment and a total of $100 witnesses expenses.

The man was given credit by Judge Hobbs for reaching the age of 52 without any previous convictions or coming to the notice of the criminal justice system.

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The man told the judge he "respected" the court's decision in finding him guilty but said publication of his name "in a small community like this" was a penalty that would far outweigh any penalty Judge Hobbs could impose.

The case hinged on the circumstances of a road rage incident on the old Hutt Rd in early August last year.

It was alleged the Masterton man's vehicle and another driven by the victim of the later assault had twice come into contact as traffic merged entering the motorway on State Highway 2.

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Evidence emerged in court the Masterton man had become enraged at the actions of the driver of a ute and when that vehicle had stopped at traffic lights got out of his vehicle, approached the victim's ute, opened the door and proceeded to yell at him and deliver a flurry of punches.

He also grabbed the keys from the ute's ignition and threw them away.

As the victim kicked out at him in an effort to get him to leave the ute the Masterton man grabbed his foot, taking off a shoe which he also flung across the roadway.

In his defence the Masterton man said the driving displayed by the man in the ute was such he should not have a licence.

He said there had been a "scuffle" when he approached the ute driver but that none of the punches thrown had connected.

In court he was attended by a McKenzie Friend, who is allowed to support the accused person and offer him advice but not entitled to speak on his behalf or make submissions to the bench.

The victim of the assault told Judge Hobbs he suffered from post traumatic stress disorder and in the wake of the assault had suffered a further breakdown.

Finding the Masterton man guilty, Judge Hobbs said there had largely been common ground over what had occurred prior to the ute stopping at traffic lights.

He said he was satisfied with prosecution evidence that showed the Masterton man had opened the ute door and delivered punches to the driver.

The Masterton man had not acted in self defence and the ute driver had "posed no risk to you whatsoever as he sat in his vehicle".

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Judge Hobbs said road rage was "unfortunately all too common" but he accepted the Masterton man's actions had been completely out of character.

Judge Hobbs allowed interim name suppression but warned the man that a final suppression order was not easy to obtain. He said there was a "high bar you must get over" as law changes had come into effect to counteract people getting suppression when it was not fully deserved.

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