OHAKUNE DISTRICT COURT

Ruapehu Bulletin, Volume 8, Issue 371, 29 January 1991, Page 9

OHAKUNE DISTRICT COURT

The following undefended cases were heard by Judge Laing of Palmerston North in the Ohakune District Court last Friday. Police Sergeant Bob Evans of Ohakune appeared for the prosecution and Traffic Officer Ken Climo of Taumarunui appeared for the Ministry of Transport. Illegal fishing Vaughan Matthew Becker, 17, student of Wanganui, was charged that 'he did take (in that he attempted to catch) a sports fish from fresh water, namely the Mangawhero River, without being the holder of a fishing licence on 6 October last year. A friend of the court, speaking in mitigation of defendant, said that defendant had recently suffered serious injuries as the result of a bicycle accident and had been affected by fits of depression and mood changes since the accident last year. As a result of these changes in defendant's personality his father had considered it therapeutic to allow his son to indulge his wishes when in a fit of depression and this is what hadx occurred when it was found that the local sports shop in Clyde Street, Ohakune, (from which it had been intended to purchase a licence) on the day in question was closed. When apprehended by a Department of Conservation officer, on 6 October defendants rod, line and lure were surrendered without objection. Because of defendant's personal circumstances relating to his accident and state of mind, he was discharged without conviction but ordered to pay court costs of $65 and solicitors fees of $100. Counsel for Department of Conservation. Paul Brown.

Severai charges Stephen Hoani Brown, 19, general farm hand of Raetihi, pleaded guilty to severai charges. These included; 1. Converting a 1979 Holden Belmont motor vehicle valued at $8,500, the property of William kite on 23 November last year. 2. Breaking and entering a dwelling house in Makakahi road on 2 November 1990 from which property valued at $932 was taken and a gate valued at $432 was damaged. 3. Breaking and entering the Howse dwelling house situated on the Ruatiti Road on 2 November from which property to the value of $1050 was taken. 4. Breaking and entering the McKay dwelling house in Mangatawai road on 30 November from which property to the value of $232 was taken. 5. Stealing a TV aerial valued at $80 from the property of Robert Gra- . ham at some time between 2 November and 26 November last year. 6. Stealing 375 litres of petrol valued at $453 from the property of Brent Bishop in Horopito on 14/15 November. 7. Possessing a .3006 calibre Remington pump-action rifle on 14 December while not being the holder of a firearms licence. These charges totalled $2820 in reparation of which court hear that defendant had paid $200 to date. He was remanded to appear in the Ohakune District Court on 21 February for a probation officers report and sentence. Counsel; Paul Brown. Prison term Jason John Collett, 20, unemployed of Ohakune, appeared to face one charge of possession of cannabis and one charge of possess-

ing a .22 calibre rifle while not being the holder of a firearms licence on 4 January this year. After initially pleading not guilty, defendant changed his plea to guilty to these two charges after a third charge of possessing a pipe for the commission of an offence under the Misuse of Drugs Act 1975 was withdrawn by consent.

In relation to the cannabis charge Court heard how defendant had 30 grams of cannabis plant material spread out on paper (as if for drying) when police visited his place of residence on 4 Januaiy, and a total of 21 cannabis 'bullets' were found elsewhere on the property. His counsel, Vicki Thorpe of Gisborne, explained that the low grade cannabis ("cabbage" as it was described in Court) had been given to defendant to help out with financial difficulties over Christmas as he intended selling it. In relation to the firearms charge Ms Thorpe explained the rifle was in three parts and was used only occasionally to shoot rabbits, possums and wild cats which were attacking a neighbours' chickens. She reported that her Turn page 11

OHAKUNE DISTRICT CXXJRT

From page 9 clicnt was pcrforming well on the 200 hour community service sentence he was serving for the manslaughter charge in rclation to a bungy-jumping accident in Auckland late last ycar. She acknowledgcd that cannabis had bcen a factor in that prosecution. In mitigation she explaincd that her client was due to become a fathcr in early March and a custodial sentence would be detrimental to his family relationships if such a sentence was imposed. However Judge Laing said in his summing-up that he had very few options; a periodic detention sentence could not be imposed because no such facility existed in the Ohakune area; a fine could not be imposed because, as the court had already he&rd, the deSendant was in some fmancial difficulty and had intended selling cannabis in order to obtain funds and; a community service sentence could not be imposed because the defendant was already serving such a sentence which had a maximum of 200 hours. In consideration of his forthcoming responsibilities as a par-

ent in early March defendant was sentenced to an eight-week term of imprisonment on the cannabis charge and on the firearms charge forteiture of the weapon was order ed. Fishing fine Timothy James Flynn, 20, carpenter of Ohakune, did not appear but had earlier pleaded guilty to a charge of taking (in that he did attempt to catch) a sports fish from fresh water, namely the Makatote River, on 14 June last year without bcing the holder of a fishing licence. He was convicted and fined $200, court costs $65 and ordered to pay solicitors fees of $100. Counsel for the Department of Conservation; Paul Brown. Not disqualified Keith Haitana, 53, painter of Raetihi, who did not appear personally, was convicted and ordered to pay $100 towards the cost of prosecution when he pleaded guilty to a charge of careless driving on Valley Road (SH4) about a kilometre north of Raetihi last year. (His car had left the road, crossed a ditch and damaged a fence in a moment of inattention) After hearing from

counsel about defendant's many hours of work and responsibilities, both private and public, including service with the parole board in Ohura, Judge Laing said that defendant's disqualification from driving would be a bigger loss to the community. Counsel; Paul Brown. Assault David Mark Hooper, 26, hunter of Auckland, pleaded guilty to a charge of assaulting Nicholas Vallance on 2 January. Defendant, who represented himself, explained that he had had a large sum of money ($580) stolen from his car and after making enquiries had suspected complainant had taken it. He had then gone to complainant's address, and after making a posiv tive indentification, delivered a single punch, cutting complainant's lip and causing a bleeding nose. Defendant agreed in Court that this was not the way he should have settled the matter and explained that he had since apologised to the complainant. He was convicted and fined $150, court costs $65

Two charges Anthony Black, unemployed of Taihape, was remanded to appear in the Taihape District Court on 14 March to defend one charge of driving while disqualified and one charge of driving with excess blood alcohol. Both charges arose out of the same incident on 25 October last year. When he appeared last week defendant was held temporally in custody in police cells for causing a disturbance in the Ohakune District Court waiting room and his counsel, Mr Brian Mason, was granted leave to withdraw from the case. Application granted Following the confiscation of a 30.30 lever action gun in November last year when he was found to Jiave been carrying a loaded firearm in his car Mfcile hunting by spotlight, Brian Rainey was granted return of the gun when he explained the circumstances to the Court and passed the Firearms Licence Test during and adjournment in proceedings. (Note; he had earlier been granted a licence prior to 1983 Firearms Act automatically because he already held a licence