Father-of-two David James McBain has been warned his children may see him as “a terrorist” because of his history of violence.
The 31-year-old was jailed again today at a Christchurch District Court sentencing, when he was sentenced and re-sentenced on four charges he had admitted.
Judge John Brandts-Giesen told him he had acted with “arrogance” and seemed to believe the law did not apply to him.
McBain has six previous convictions for violence and more for dishonesty.
He was jailed in 2011 for beating and kicking a St John Ambulance member waiting at a bus stop in Papanui because someone he was with said the man looked like someone who had burgled him. He was jailed for 10 months on charges of intentionally injuring the innocent man and taking his satchel, which contained his St John uniform. McBain and his associate were both drunk.
At that stage McBain had convictions for assault, possession of offensive weapons, and intimidation. His pre-sentence report at that time said he had an alcohol problem and a propensity to violence.
McBain was back before the court today on charges of drink-driving, disqualified driving, posting a harmful digital communication, and breaching a protection order.
Defence counsel Tom Stevens said McBain assured the court he would take a more responsible approach in future and there would be no more behaviour of this type. It had arisen from built-up anger and frustration.
McBain told the judge he had done courses in prison while on remand, for alcohol and drug rehabilitation, first aid, NCEA, and one-on-one counselling.
Judge Brandts-Giesen said he had been convicted on May 27 for driving with a breath-alcohol level of 946mcg to a litre of breath. The legal limit is 250mcg. He also admitted disqualified driving.
He was given home detention and while serving the four-month term he sent an intimate image of a woman to her new partner and followed that up with threatening text.
“The image was not widely distributed, but the fact is that it hit the bull’s eye,” said the judge.
Community Probation then asked to have him re-sentenced on the charges that had brought the home detention term.
He said McBain claimed affection for his two children. “What sort of example are you to them? They should be proud of you as their father. They should be able to look up to you for guidance and example.” Instead, they may see him as a type of terrorist.
He imposed a series of jail terms totalling nine months. McBain is already disqualified from driving indefinitely.