Northland petrol station stabbing: Man who attacked gang member over stolen car gets 12 months' home detention

A man has been sentenced to home detention for stabbing a gang member on the forecourt of Kaikohe's Mobil service station in 2020. Photo / NZME

A former Northland man who repeatedly stabbed a gang member on a service station forecourt in a dispute over a stolen car has avoided going to jail.

Simon Van Duyn appeared in the Kaikohe District Court on a charge of wounding with intent to cause grievous bodily harm relating to an August 22, 2020, incident at Mobil on Kaikohe's main street.

Judge Brandt Shortland sentenced him to 12 months' home detention, with Van Duyn dodging a prison term partly because of his "amazing feat" of getting off methamphetamine by himself and staying clean for 18 months.

The court heard Van Duyn's car had been taken from his home a few days earlier. It was also "pretty much his shelter" at the time so the vehicle meant a lot, Judge Shortland said.

"Understandably you were angry and upset, but the way you dealt with it was not the appropriate way. Two wrongs do not make a right."

Van Duyn recognised his car on the Mobil forecourt and challenged the man driving it, who was well known in Kaikohe for his gang connections.

The driver stood up to him and said he owned the car now.

In the ensuing dispute Van Duyn tried to stab him seven times. Four of those attempts were "semi-successful".

The entire incident was captured on CCTV.

Judge Shortland said aggravating features were that Van Duyn was "drugged up" at the time, "well and truly" addicted to methamphetamine, was carrying a knife in a public place, and tried to stab the other man multiple times.

The only mitigating feature was that he wanted to get his car back. The vehicle was returned by police anyway.

However, Judge Shortland said Van Duyn, who now lives in the Auckland region, should be congratulated for getting himself off methamphetamine without a rehab programme or other outside help.

That was "an extremely difficult thing to do" and staying clean for the 18 months since then was "amazing in the circumstances".

The starting point of five years' jail was reduced for Van Duyn's rehabilitation efforts, attending a Man Alive programme, remorse and guilty plea.

That led to a term of two years which meant the sentence could be converted to 12 months' home detention.