Prison sentence for protection order breaches

After receiving a sentencing indication of 18 months’ prison on multiple charges of breaching a protection order, Troy Green made a brief attempt at negotiating a lesser sentence when he appeared in the Whakatāne District Court on Wednesday.

The 41-year-old Whakatāne man, who appeared via audio visual link from Waikeria prison where he is on remand, suggested to Judge Louis Bidios that he impose 14 months instead, before accepting the judge’s indication.

Green pleaded guilty to five counts of breaching a protection order in relation to two victims and was sentenced to 18 months in prison with leave to apply for home detention..

The breaches included an instance of walking past the work premises of a victim, and having unauthorised contact with a protected person through a phone call placed from the prison.

Judge Bidois told the defendant that the trouble for him from now on would be that every time he was convicted or charged with offences like these, he would be remanded in custody.

“You don’t listen very well,” he said.

Bail denied

A history of ill discipline and non-compliance resulted in bail being refused for Ngamere Maaka when he appeared in the Whakatāne District Court.

The 24-year-old Whakatāne man appeared via audio visual link seeking bail on charges of trespass, assault, threatening to kill and resisting arrest. He also faced a new charge of breaching his release conditions.

Judge Bidois refused an application for straight bail but an application for electronically monitored bail will be considered on October 29.

Hearing date set

Anarea Biddle-Paihau has maintained a not guilty plea in relation to a charge of injuring with intent to injure.

The offending is alleged to have occurred on July 27 at Tāneatua.

The 25-year-old Rūātoki woman was remanded for a hearing on January 28.

Remand for trial

Hauraki Matenga-Ashford, 28, of Kawerau has been remanded to March 20 for trial on a charge of behaving threateningly.

He also faces charges of failing to stop and resisting police, on which he will reappear on November 26.

Bail appearance

Nineteen-year-old Napier man Phoenix Haddon will reappear in court today for Judge Bidois to consider bail on charges of burglary with a weapon and threatening to kill. The burglary relates to the New World supermarket at Kawerau.

Rural break-ins

Clifford Riini has been remanded until November 26 for sentence on charges of burglary, intentional damage and two counts of being unlawfully in an enclosed yard.

The burglary relates to a rural property near Edgecumbe and the wilful damage was of orchard fences.

The 43-year-old Whakatāne man has pleaded guilty to the charges and is remanded in custody.

He appeared via audio visual link. An electronically monitored bail application for him will be heard on November 5.

Not okay to drive

A 54-year-old Whakatāne woman who is “not normally a drinker” was fined $600 plus court costs when she appeared for sentence for drink driving.

Debra Matenga had a breath alcohol level of 543 micrograms when she was stopped by police.

Lawyer Kylee O’Connor said Matenga had been drinking since 2pm at a family event and had consumed several drinks over seven hours, but thought she was okay to drive.

Her last conviction for drink driving was 12 years ago.

Judge Bidois told Matenga she should feel disappointed in herself. “It was a Saturday night. You know police are around and going to be stopping people.”

He disqualified her from driving for 12 months and one day, saying: “Make sure you show the same discipline not to drive as you have in the past.”

Section 94 possible

Lethen Ryder has been advised to get stuck into his community work and sort out his licence if he wants a chance at avoiding a further driving disqualification.

Lawyer Kylee O’Connor advised the court she intended to apply for a Section 94 on the behalf of the 31-year-old Otakiri man.

Ryder has pleaded guilty to driving while disqualified and theft.  The theft related to a petrol drive-off committed in Tauriko as Ryder was on his way to Auckland.

When he was later pulled up by police, it was discovered he was a disqualified driver, and his vehicle was impounded.

Ms O’Connor explained that Ryder had gone to VTNZ to reapply for his licence but was advised that he had been suspended for excess demerit points. He had been unaware of this, having never been served with the suspension.

He would not be able to get his licence reinstated until November 5.

Judge Bidois remanded him until December 3 to allow this to happen.

Inoperative pistol

Twenty-one-year-old Levi Reedy is beginning a 200-hour community work having pleaded guilty to unlawful possession of a pistol.

The pistol, which he had for protection, did not have a firing pin and he had no ammunition.

Judge Bidois said it was still “pretty dumb” and “dangerous” to have the weapon.

“There are too many guns out there. Unless you have a licence, you don’t have one.”

Judge seeks further expert input

Judge Bidois has challenged a psychologist’s report and asked for more information before sentencing a Rūatoki man on drugs and firearms charges.

Lawyer Leonard Hemi said his client, Robert Davies, had a hoarding disorder and an expert report said he quite possibly had a disability that meant he could not appreciate what was right and wrong.

Given the situation, Mr Hemi said Davies would have been thinking: “I’ve got all these guns, what do I do with them.”

Davies is charged with cultivating cannabis, unlawfully possession of pistols, unlawful possession of restricted and prohibited firearms, obstructing police and multiple counts of possessing firearms without a licence.

Judge Bidois challenged the expert report, considering that based on the character references provided, Davies appeared a well-functioning member of his community.

While the report writer's view was that Mr Davies' culpability was severely compromised, Judge Bidois said he was, in essence, a normal functioning person.

“The reality is, everything the character references say about him, speaks highly of him and his skills and contribution to the communty.”

He remanded Davies to December 3 for Mr Hemi to seek further information from the report writer on how the defendant functioned day-to-day.

Impeding breathing

Zane Graham will be sentenced on January 14 on charges of impeding breathing and assault.

Judge Bidois called for a presentence report and a restorative justice meeting to be arranged between the defendant and his victim.

He warned him that the sentencing starting point for strangulation was prison.

Gang insignia

Tāneatua man Baylee Reece Hakopa Pouwhare has been remanded to reappear on November 12 on charges of displaying gang insignia, driving with excess breach alcohol and careless driving causing injury.

The driving charges relate to a crash on Matahi Valley Road in June.

Also in June, the 27-year-old he was caught wearing a beanie with a gang insigna. In October, he was wearing shorts with a gang insignia.

Home D possible

Judge Bidois has ordered home detention appendices be prepared for the sentencing of Detroit Tumai on November 12.

Tumai has pleaded guilty to charges of assault with a blunt instrument, burglary, breach of community work and breach of supervision.

Amended charge

Nathan Waiti has been remanded to November 20 for a judge-alone trial on a charge of recklessly discharging a firearm.

A charge of assault with a weapon was amended to possession of an offensive weapon, namely a scythe, to which Waiti pleaded guilty.

He will be sentenced on this charge at his November appearance.