‘Wholly violent’ road rage attack occurred while serving sentence

Andrew Macmillan will soon be released from prison because of time spent on remand. PHOTO: ROB KIDD
Andrew Macmillan will soon be released from prison because of time spent on remand. PHOTO: ROB KIDD
A Kaitangata man responsible for a "wholly violent and determined" road-rage attack was serving a sentence at the time, a court has heard.

Andrew David Macmillan, 38, appeared in the Dunedin District Court yesterday where he was jailed for 20 months, adding four more convictions to his nine-page criminal record.

Judge Emma Smith noted the defendant was serving a rehabilitative sentence on November 21 last year for previous violence.

Macmillan was driving in Allanton-Waihola Rd, heading to Dunedin for surgery.

He passed the victim, who was driving a Coupland’s bakery truck, just before the Henley bridge and "pulled the fingers", believing the truck driver had earlier "brake checked" him.

When they both stopped at a red light for roadworks, Macmillan got out of his vehicle and yelled abuse at the man.

The court heard the defendant climbed up the side of the truck and punched the victim repeatedly in the head and body through the open window.

Macmillan returned to his vehicle and retrieved an extendable baton from his glove box.

He hit the victim two or three times as he was getting out of the truck and a struggle ensued.

The driver eventually disarmed Macmillan, who sustained lacerations to his head and back during the tussle, a police summary noted.

But the attacker was not finished.

He again went back to his ute, this time grabbing a car jack.

He threw it at the windshield of the truck, smashing it, before reversing into the victim’s vehicle and then fleeing.

Macmillan called his Probation officer on the way to his medical appointment and arranged to turn himself in afterwards, the court heard.

He later told police the victim had threatened to kill him and that he was acting in self-defence but his subsequent guilty pleas — to charges of assault with a weapon, possessing a weapon, wilful damage and reckless driving — put paid to that version.

Counsel Meg Scally said the incident was underpinned by Macmillan’s post-traumatic stress disorder, which meant he was "always on guard".

He carried the baton in his vehicle for that reason, she said.

Ms Scally said her client had been undertaking psychological sessions while in custody and was committed to therapy.

"If he could take back his actions, he would do that."

Judge Smith said Macmillan’s response to any threat he perceived at the time was "worse than disproportionate — it was wholly violent and determined".

The road rage was a continuation of his pattern of violence.

"You assault others relatively regularly and it doesn’t matter what sentence this court imposes on you. You’ve been imprisoned many times," the judge said.

"Repeatedly, you hurt this victim, repeatedly you made the decision to arm yourself and damage his [vehicle]. This wasn’t fleeting, it was at length."

Macmillan will soon be released because of time spent behind bars on remand.

He was banned from driving for six months.

 

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