A young man who stole a breath-testing device, which was
dropped by a police constable as the officer was allegedly
being assaulted, was sentenced to 75 hours' community work
when he appeared in the Oamaru District Court yesterday.
Dylan Rhodes (18), freezing worker, admitted a charge of
theft of the breath-testing device on February 21.
Prosecutor Tim Hambleton said Rhodes was a passenger in a
car, with a group of associates, which was travelling north
on Thames Highway.
The vehicle had a flat front tyre and a police officer
signalled the driver to stop.
After the driver was processed for drink-driving, he refused
to accompany the officer and a struggled ensued.
Another associate became involved and the officer dropped the
breath-testing device during the struggle.
Rhodes picked it up, ran from the scene and hid it at his
home.
He later went to the police station, aware he was being
sought, and told police he was unsure why he had taken it.
Counsel Ngaire Alexander said Rhodes had "absolutely no
explanation" as to why he picked it up and he realised it was
"very, very foolish".
He did not get involved in the physical altercation between
the officer and others at the scene.
He voluntarily went to the police station and made a full
statement.
The device was located undamaged.
He regretted his behaviour and intended making it his last
court appearance.
He would moderate the amount of alcohol he consumed in future
and would also be more "discerning" about who he associated
with.
It was his first conviction for dishonesty, Miss Alexander
said.
Judge Stephen O'Driscoll was concerned it was the defendant's
third appearance in court in a relatively short time.
He also appeared in August last year and January this year.
A 20-year-old South Canterbury man, charged with aggravated
injuring, drink-driving (600mcg), dangerous driving, refusing
to accompany police and three counts of resisting police, and
an 18-year-old Oamaru man, charged with aggravated injuring,
have been further remanded without plea to reappear on March
17.
An order for interim name suppression for both continues.
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