Magistrate berates traffic offender: “who are you to take vigilante action”

A man who drunkenly damaged a vehicle he accused of being driven by a hoon was berated by a magistrate who asked “who are you to take vigilante action” given his own poor traffic history.

A man who drunkenly damaged a vehicle he accused of being driven by a hoon was berated by a magistrate who asked “who are you to take vigilante action” given the defendant’s traffic history showed mockery against traffic law.

Kane Daniel McIntosh, 29, pleaded guilty on July 14 in Rockhampton Magistrates Court to one count of wilful damage.

Police prosecutor Jennifer Leach said McIntosh was on his way home when he began yelling at occupants of a Lawrence Avenue, Frenchville, residence about the way one of the occupants drove their Subaru Impreza.

She said McIntosh then attempted to pull the rear wing from the boot, caused a dint to the rear panel by kicking or punching it, and used a beer bottle to dint the bonnet.

Ms Leach said police were called to the residence on March 4 over the disturbance.

She said when they located McIntosh at his residence, he was heavily intoxicated and could recall being at the victim’s house, but denied causing damage to the car.

Ms Leach said there was a female witness to the incident.

Defence lawyer Samantha Legrady said McIntosh had an eight-year-old daughter who played out the front of his place and the hooning caused him concern for her safety.

She said he had not drunk alcohol since the incident.

Magistrate Jason Schubert read through McIntosh’s criminal and traffic history, which included an Intensive Corrective Order in April 2021, probation in the past for drugs, convictions and sentences for fraud, serious assault of police, stealing as a servant, unlawful use of a motor vehicle, two speeding offences and one of using a mobile phone while driving.

“Taking vigilante action to stop someone speeding around the streets is rather odd when I look at your trafficking history,” he said.

“Who are you to take vigilante action against someone?”

McIntosh responded it was a selfish action.

Mr Schubert placed McIntosh on probation for six months with the condition he complete an anger management program, ordered him to pay $2000 restitution within six months or face 20 days in prison.

Originally published as Magistrate berates traffic offender: “who are you to take vigilante action”