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New Zealand Police v Hodder [2021] NZDC 7670

Published 22 November 2024

Sentencing — intentional damage — obtaining by deception — driving with excess breath alcohol. The defendant appeared for sentence on charges of intentional damage, obtaining by deception and driving with excess breath alcohol. He had cut down eight pohutukawa trees growing along a street, in response to a drunken dare by a friend. He then pawned the chainsaw used to cut down the trees, in spite of the fact that he was obligated to repay his employer for buying him the chainsaw in the first place. In a separate and unrelated incident, he was caught driving with a breath alcohol level of 468 mcg per litre of breath. The defendant had met with council representatives to apologise for cutting down the trees and to explain that he committed the offending while intoxicated, and that the offending was not premeditated or aimed at local residents. In response to a suggestion from the council representatives, the Court ordered a $1000 donation to an environmental group that carried out restoration planting around the defendant's hometown. The Court additionally sentenced the defendant to 12 months' intensive supervision, 230 hours' community work, and one year and one days' disqualification from driving, and ordered the defendant to repay $1100 to the shop where he had pawned the chainsaw. Judgment Date: 31 March 2021.