Man jailed for driving at fisheries officers

Last updated 16:15 10/09/2010

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Gisborne fisheries officers were traumatised when a man earlier seen diving for shellfish drove his ute at them on the city's Kaiti Beach and forced them to jump out of the way, a court has been told.

Nicholas George Smith, 38, abused the officers and nearly struck a four-year-old boy, who was pulled out of the way of the ute.

In the Gisborne District Court today, Smith was sentenced to 18 months' jail after being found guilty and convicted on two counts of assault with a blunt instrument (his motor vehicle), recklessly operating a motor vehicle, assaulting a fisheries officer and escaping from custody.

The jail term also covered unrelated offences of entering a property with intent to commit a crime and unlawfully entering a motor vehicle.

Smith was convicted and discharged on fisheries breach charges - possessing undersize paua and possessing paua in excess of the daily amount - and for driving while forbidden.

The vehicle used by Smith was confiscated.

Judge Robert Spear said Smith was diving at the northern end of Kaiti Beach on December 19 last year when fisheries officers approached him.

Smith put his catch bag in the rear of his vehicle, revved it up and drove towards one fisheries officer, who jumped out of the way. Smith then threatened and abused the officer.

He refused to turn his vehicle's engine off and drove towards the other fisheries officer, who also jumped out of the way.

Smith slid his vehicle across the beach three times as he continued to abuse fisheries officers, then lost control and fish-tailed the vehicle.

A four-year-old boy had to be pulled to safety by a family member.

Smith told police he had just been playing and would have struck the fisheries officers if he had meant to.

The judge said fisheries officers had to know the public would comply with their lawful requests.

"Fisheries officers have the support of the courts, who represent the public," he said.

The court was told Smith had an extensive criminal history, including being jailed in 2004 on three counts of burglary and convictions for drug dealing and assault.

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- NZPA

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