Frustrated Assault Victim Attempts Unlawful Arrest, Faces Charges

After a month of frustration over police inaction regarding an assault case, Steven Gardiner took drastic measures. The Christchurch man attempted to conduct a citizen’s arrest on David Hoffman, the individual who assaulted him. This ill-fated decision resulted in serious legal consequences for Gardiner and his accomplices.

Gardiner, along with three associates, arrived at Hoffman’s residence intending to confront him. While entering the property, Gardiner called the police to inform them he was serving an arrest warrant. What followed was a chaotic encounter that escalated quickly and led to multiple injuries.

Judge Stephen O’Driscoll detailed the unusual circumstances of the case during a recent court session. Gardiner, 38, had grown impatient with the lack of police action in his assault case and decided to take matters into his own hands. He and his associates—Michael Davies, James Dell, and another individual—entered Hoffman’s backyard and confronted him.

During the confrontation, Gardiner told Hoffman he was under arrest, presenting him with a makeshift “warrant.” Despite Hoffman’s protests to leave the property, Gardiner persisted, leading to a physical altercation. Gardiner was reported to have shouted at Hoffman, “sit down and go to jail like the little bitch you are,” before physically assaulting him.

The situation intensified when Gardiner grabbed Hoffman around the neck, leading to a struggle. Davies joined in, attempting to restrain Hoffman, while Gardiner kneed him in the face. In the ensuing chaos, Hoffman managed to break free and retaliated by headbutting Gardiner. The confrontation ended with Hoffman suffering significant injuries, including lacerations and a fractured face.

Hoffman was not the only one facing legal repercussions. Gardiner and Davies were charged with common assault and wilful trespass. In court, Judge O’Driscoll emphasized that Gardiner had no legal authority for his actions. “You were clearly wrong, you had no legal authority, you were clearly mistaken to do what you did,” he stated.

Ultimately, Gardiner received a sentence of two months’ community detention and nine months’ intensive supervision. Davies, who did not comment during the proceedings, was sentenced to 12 months of supervision as well. Dell, who had previously been charged with wilful trespass, also faced legal consequences for his involvement.

In a related note, Hoffman has been charged and convicted of injuring Gardiner with intent during the initial assault that occurred in December 2024. This case serves as a stark reminder of the potential dangers of taking the law into one’s own hands, highlighting the importance of relying on legal authorities to manage criminal matters.