By Al Williams, Open Justice reporter
A month after Steven Gardiner was assaulted, he became so frustrated at the police progress on his case that he decided to take matters into his own hands and make an arrest himself.
The Christchurch man gathered three associates and the group went to David Hoffman’s house.
As the group was entering the house, Gardiner called police to tell them he was about to serve his own arrest warrant on Hoffman.
From there things quickly got out of hand, but it didn’t take long for the law to catch up with everyone involved – including Hoffman, who has since been convicted for the original assault.
Now Gardiner has also been convicted and sentenced in the Christchurch District Court, alongside one of his accomplices, for issuing his own justice.
‘Sit down and go to jail’
This week, Judge Stephen O’Driscoll described Gardiner’s actions as extremely unusual.
The summary of facts showed Hoffman assaulted Gardiner in December 2024.
After a month went by and police had not arrested Hoffman, Gardiner – with Michael Davies, James Dell, and a fourth associate – went to Hoffman’s house.
The four entered the property through the backyard and confronted Hoffman, whom Gardiner and Davies both knew.
Gardiner, 38, told Hoffman he was detained and under arrest, then handed him a “warrant”.
Hoffman told the group they had a minute to leave, but Gardiner kept insisting he was under arrest.
Again, Hoffman told them to leave, saying he would meet them out front, as shoving started between the group.
Gardiner told Hoffman to “sit down and go to jail like the little bitch you are, then I’m really going to f… you up”.
As he came within range of him, Hoffman put his arm up between them. Gardiner grabbed Hoffman around his neck, causing him to struggle to breathe, before punching him a couple of times in the face.
Davies joined Gardiner in pinning Hoffman on the ground, holding him in an armbar hold, as Gardiner kneed Hoffman in the face.
Hoffman managed to break free and grabbed Gardiner around the head. On being told to let go, he did, before headbutting Gardiner.
The three men and their associate left the property, but not before Hoffman ran into his house, grabbed a spatula and hit Dell with it, as they were leaving.
Hoffman suffered lacerations, bruising and a fracture to his face, and grazes and abrasions over his back.
Common assault and wilful trespass
Davies sat alongside Gardiner in court for sentencing this week, both men facing charges of common assault and wilful trespass.
Judge O’Driscoll said Gardiner was mistaken in thinking he had authority for a citizen’s arrest.
“The context of you preparing an arrest warrant and telling the police, ringing them as you entered the property, is extremely unusual.
“You were clearly wrong, you had no legal authority, you were clearly mistaken to do what you did.”
Gardiner was convicted, and sentenced to two months’ community detention and nine months’ intensive supervision.
Davies, who had declined to comment, was convicted and sentenced to 12 months’ supervision.
The court heard that Dell, who said he was under the impression he was legally allowed to do what they were doing, had earlier been charged and convicted of wilful trespass.
Judge O’Driscoll told the court Hoffman had been charged and convicted of injuring with intent for the December 2024 assault on Gardiner.