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Samaritan who caught thief ends up in court
14 September 2004
By JOHN HENZELL from the Christchurch Press
A "good Samaritan" who went to the aid of a car-theft victim landed himself in the dock of the Christchurch District Court with an over-enthusiastic citizen's arrest.
Grant Alexander Moore, 41, who was discharged without conviction after pleading guilty to assault, had been driving through central Christchurch in the early hours of August 1 when he was flagged down by a distressed woman, who said her car had just been stolen.
The woman jumped into Moore's car and they pursued the stolen Honda City for about five minutes until the Honda stopped after it hit a traffic island.
Moore's lawyer, Jonathan Eaton, said when the two occupants of the stolen car fled on foot, Moore chased them.
"He caught up with the passenger whom he says – and the passenger doesn't dispute this – swung at him," Eaton said.
"He evaded the blow and gave him four or five punches then dragged him back to the scene. When the police arrived, he went up and explained exactly what happened and his story was confirmed by the woman."
Eaton said Moore was charged by the police because originally it was suspected that the blows had left the passenger with a fractured skull. In the end, the only injury was a broken nose.
"The legal issue was necessary force in a citizen's arrest. I'd seek a discharge without conviction to mark that he might have taken this a bit too far," he added.
Judge Phil Moran rejected the notion that Moore might pay some restitution for the passenger's injuries, noting: "I'm not going to reward him for pinching cars."
Turning to Moore the judge added: "It's a pity that your good Samaritan act ended with you being charged.
"You duffed this guy up too well and broke his nose."
Prosecutor Vanessa Sugrue said the police did not dispute that outcome.
"He got a broken nose and our view is that that is excessive," she said.
14 September 2004
By JOHN HENZELL from the Christchurch Press
A "good Samaritan" who went to the aid of a car-theft victim landed himself in the dock of the Christchurch District Court with an over-enthusiastic citizen's arrest.
Grant Alexander Moore, 41, who was discharged without conviction after pleading guilty to assault, had been driving through central Christchurch in the early hours of August 1 when he was flagged down by a distressed woman, who said her car had just been stolen.
The woman jumped into Moore's car and they pursued the stolen Honda City for about five minutes until the Honda stopped after it hit a traffic island.
Moore's lawyer, Jonathan Eaton, said when the two occupants of the stolen car fled on foot, Moore chased them.
"He caught up with the passenger whom he says – and the passenger doesn't dispute this – swung at him," Eaton said.
"He evaded the blow and gave him four or five punches then dragged him back to the scene. When the police arrived, he went up and explained exactly what happened and his story was confirmed by the woman."
Eaton said Moore was charged by the police because originally it was suspected that the blows had left the passenger with a fractured skull. In the end, the only injury was a broken nose.
"The legal issue was necessary force in a citizen's arrest. I'd seek a discharge without conviction to mark that he might have taken this a bit too far," he added.
Judge Phil Moran rejected the notion that Moore might pay some restitution for the passenger's injuries, noting: "I'm not going to reward him for pinching cars."
Turning to Moore the judge added: "It's a pity that your good Samaritan act ended with you being charged.
"You duffed this guy up too well and broke his nose."
Prosecutor Vanessa Sugrue said the police did not dispute that outcome.
"He got a broken nose and our view is that that is excessive," she said.
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