An incident now playing out in court would have been terrifying for the truck driver, a judge says. Photo: 123RF
A judge has adjourned the sentencing of a teenager who admitted attacking a milk tanker with a claw hammer, so the victim's views can be brought before the court.
The 18-year-old was also granted further continued name suppression when he appeared in the Hamilton District Court today before Judge Noel Cocurullo.
The teen, along with a large group of boy racers, surrounded the Fonterra milk tanker blocking it from moving on Orini Rd on 19 March.
Videos circulated online showing milk pouring out of the tanker, as well as people surrounding the vehicle as the driver tried to keep his door closed.
One of the group released a valve that saw hundreds of litres of milk emptied all over the road.
The Hamilton man was charged in relation to the attack on the truck with the claw hammer that left the truck's windscreen smashed.
In May he admitted charges of disorderly behaviour likely to incite violence against property to continue, and intentional damage of a Fonterra truck.
Police withdraw a charge of unlawful possession of a claw hammer.
He was due to be sentenced today, and his application for a discharge without conviction to be decided, however when Judge Cocurullo asked what the victim's views were on the matter, it was discovered the case hadn't been referred to restorative justice.
Judge Cocurullo said that while the charges weren't directly related to the victim, the truck driver was still a victim nonetheless.
"On the summary of facts, this would have been a truly terrifying situation for the truck driver.
"He was going about his business in a 24-7 operation working for one of the biggest companies in the country when he happened upon this blocked road.
"He's lucky that he had the bulk of the truck [to surround him] ... I have nothing about the victim here."
The teenager's lawyer Eilidh Hook said she had been "chasing police" in relation to her own questions but said her client had already been willing to take part in a restorative justice process.
Judge Cocurullo said it appeared the victim had been "largely sidelined" and ordered the case be adjourned for not only a restorative justice conference but also for the victim's views to be sought on the teen's application for a discharge without conviction on all charges.
He ordered suppression of the man's personal identifying details and bail details to continue.
The teen, who was supported in court by his father, was remanded to reappear for sentencing in November.
* This story originally appeared in the New Zealand Herald.