The vehicle’s owner had stopped at the shop, leaving the car briefly unattended with her baby in the backseat.
After he fled, Smith took the baby from the stolen vehicle and left him on the side of the road, a moment which was captured on CCTV and shared online.
When the woman saw her car and baby had been taken, she jumped in a member of the public’s vehicle and chased after Smith.
In court, defence lawyer Nathan Bourke said Smith took responsibility for the motor theft but denied abducting the child, submitting there was a legal argument to be had.
Michael Smith has appeared in New Plymouth District Court after stealing a car from outside a dairy last month. Photo / Police
Smith had not realised there was a baby in the car, Bourke said.
Once he discovered the infant, he pulled over and put the child on the side of the road.
“He wasn’t trying to deprive the parents of their child.”
Bourke submitted that, given the circumstances, there was a legal issue around whether an abduction charge was appropriate, and he planned to discuss that with the Crown.
He believed a resolution would be reached but accepted the baby being in the car was an aggravating factor in the case.
Smith entered guilty pleas to a raft of charges including unlawfully taking a vehicle and stealing petrol.
There was a baby inside the stolen vehicle who was subsequently left on the side of the road.
Not guilty pleas were entered to charges of abducting a child and aggravated assault.
Police prosecutor Lewis Sutton withdrew three driving-related charges.
Smith was remanded back into custody before his next appearance on August 22, a case review with the Crown.
Tara Shaskey joined NZME in 2022 as a news director and Open Justice reporter. She has been a reporter since 2014 and previously worked at Stuff covering crime and justice, arts and entertainment, and Māori issues.
