An Uber driver was found with a homemade stun gun on his dashboard, which a judge has alluded to as being a method of protection for the man.

Jomon Perumayan Joseph, 39, was stopped by police for an unrelated traffic matter in New Plymouth about 4pm on November 13 last year.

At the time, he was operating as an Uber driver, according to a police summary of facts.

Police spotted a “cylindrical device with two metal probes” on the dashboard of Joseph’s vehicle.

Jomon Perumayan Joseph was caught with a stun gun on the dashboard of his Uber vehicle.

“An expert examination of the device determined it was a homemade stun gun of a form and size held in the hand, which had a push switch that latches when pressed to continually operate the device,” the summary stated.

Testing of the gun showed it would cause a severe electric shock, electrical burning and could render a person wholly or partially incapable of resistance.

Joseph was charged with unlawful possession of a restricted weapon and, when speaking with police, said he made it “as an experiment”.

Jomon Perumayan Joseph appeared in New Plymouth District Court. Photo / Tara Shaskey

Yesterday, he appeared in New Plymouth District Court where he advanced an application for a discharge without conviction.

Judge Ajit Swaran Singh said Joseph had reported making the stun gun was a “hobby” and he had no intention of using it on anyone.

However, the judge noted that during his time in the courts he had seen many cases of Uber, taxi and bus drivers being attacked.

“Understandably their concern is self-protection in the event of being attacked.

“That is quite a common feature in a lot of offending. Be that as it may, you must understand that having weapons is not acceptable ... there are better ways of dealing with situations.”

In considering Joseph’s application, Judge Swaran Singh said as a result of the charge, Joseph had lost his job as an Uber driver and his passenger licence endorsement had been suspended, “suffering a form of punishment already”.

The judge considered affidavits from Joseph, his wife and an immigration expert, as well as a presentence report which assessed him as a low risk of reoffending, his genuine remorse, and that he had donated $500 to charity.

There were no aggravating features, such as the offending being drug or gang-related, and the immigration expert had advised a conviction could impact Joseph’s prospects of remaining in New Zealand, and his possible migration to Australia.

The possibility of deportation could also impact his family, the court heard.

Judge Swaran Singh accepted that the consequences of a conviction were out of all proportion to the gravity of the offending and granted the discharge without conviction.

But Joseph was ordered to pay $661.25 for the independent testing of the stun gun, and the weapon would be destroyed.

Tara Shaskey joined NZME in 2022 and is currently an assistant editor and reporter for the Open Justice team. She has been a reporter since 2014 and previously worked at Stuff covering crime and justice, arts and entertainment, and Māori issues.