Man jailed after breaching sentence conditions

Ruapehu Bulletin, 26 March 1991, Page 12

Man jailed after breaching sentence conditions

The following caseswere heard last week by Judge Toomey in the Ohakune District Court. Police Sergeant Bob Evans appeared for the prosecution and Traffic Officer Ian Harrison appeared on behalf of the Ministry of Transport. Prison sentence Adam Dominic Haitana, 24, of Raetihi was sentenced to six months imprisonment on a charge of burglary and failure to comply with earlier sentencing conditions related to that charge. The original charge was one of breaking and entering KayCees Stores in Raetihi on 29 July last year. The value of goods stolen exceeded $1000. When defendant appeared to answer that charge in August last year and was remanded to appear again in October for a probation officers rer>ort and sentence.

The sentence was to have been one of imprisonment because of defendant's previous convictions, but after pleas in mitigation by his legal counsel, a community service sentence was imposed on the strict condition that failure to comply with the terms of the community sentence would result in a custodial sentence. The conditions to which the defendant agreed (in order to avoid a prison sentence) included: making reparation of $1400 at the rate of $10 per week; attendance at an eight week drug and alcohol course; that he would become involved in Maoritanga and marae activities; and that he would fulfil all conditions of the bail on which he was released. When defendant appeared in court last Thursday it was learned

that: he had made only one weekly payment of $10 since last October (though a lump sum of $500 had been paid subsequently); he had attended only once at the drug and alcohol treatment centre; and he had not become involved in Maoritanga and marae activities at any stage. In passing sentence of six months imprisonment, Judge Toomey said defendant had breached too many conditions of the community service contract he had signed and fully understood. Counsel:Brian Mason. Theft and possession A 44 year old Ohakune woman was further remanded on bail to appear for a defended hearing in the Ohakune district Court on 17 May to

answer two charges, one of theft and one of unlawful possession, to which she had earlier pleaded not guilty. Counsel Brian Mason. Careless driving Henri Rokstad of Ohakune pleaded guilty to a charge of using a motor vehicle carelessly in Whangamata on 29 December. Court heard how defendant had been travelling in heavy traffic when his attention was temporarily distracted and he ran into the rear of the vehicle ahead causing only minor damage to both vehicles. Both drivers stopped and were exchanging details - the defendant having acknowledged fault - when a traffic officer arrived on the scene and laid the charge

of careless use. Defendant was convicted and fined $400, court costs $65 but he was not disqualified from driving. Counsel: Brian Mason. Further remand Clayton Shane Locke, 26, Vernon Leslie McLeod, 21 and Darryl Wayne Pickery, 24 all of Ohakune were further remanded on bail for a month when they appeared for sentencing on a charge of burglary of the Ohakune Fire Station on 12 February. Since their previous appear ance last month a revised estimate of the value of property stolen has affected the amount of reparation sought and it was for this reason that these three defendants, plus one other, are to appear again on 1 8 April when final

reparation will have been determined. Final suppression. A 37 year old Ohakune male was granted final suppression of name on a charge of assault in what was described as a domestically related incident and after Court heard that defendant has satisfactorily completed a course of diversion. Expensive trout Robin Alexander of Palmerston North was convicted and fined $400, court costs $65, when he pleaded guilty to fishing in the Rotokuru lakes without a current sports fishing licence. Two charges Debbie Taingahue,22, unemployed of Ohakune appeared on two charges of burglary. She pleaded guilty to breaking and entering the Cedar Service Station on 6 February and stealine ciearettes. to-

bacco and solvents to the value of $521. She also pleaded guilty to breaking and entering, with three other co-offenders, the Ohakune Fire Station on 12 February. In the first burglary defendant activated a burglar alarm and she was apprehended on site. She was convicted and remanded to appear for a probation officers report and sentence and a reparation report in the Ohakune District Court on 18 April. Counsel:Brian Mason. Further charges pending Ricki Martin Surton, 31, unemployed of Marton, appeared on four charges but was further remanded on bail to 18 April when Court heard from both the Police and the Ministry of Transport that further charges were pending. Those charges which are already laid are:. Breaking and entering a dwelling in Miharo Street, Rangataua, sometime between 6 - 10 February; Driving while Disqualified on 18 .March; Using a motor vehicle on 18 March which did not have authorised registration plates affixed; Fixing unauthorised and illegal registration plates to a motor vehicle. Counsel: Paul Brown. Sentenced William Daniel Herewini,29, forest worker of Raetihi, appeared for sentencing on two charges relating to a firearms incident in Rangataua on 14 December last year. The two charges were: having control of a firearm while intoxicated and ; discharging a firearm while intoxicated. Court heard how defendant had consumed between one doz en and four dozen bottles of beer during what was described as a domestically related incident. His counsel, Mr Paul Brown, said his client admitted to being affected by alcohol at the time but could not remember how much he had drunk and the rifle had discharged while he was attempting to unload it. The fact that the rifle still had the empty shell in the breech when Police confiscated it, was evidence that defendant had not intended firing a second shot, claimed Mr Brown, and no-one , apart from perhaps the defendant himself, had been in any danger or was threatened. Judge Toomey, before passing sentence, said that the Courts regarded the combination of firearms and alcohol very seriously with maximum sentences being: three months imprisonment for possession of a firearm while being intoxicated and three years imprisonFrompagel3

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i Frompagel2 ment for discharging a firearm while intoxicated. However, he accepted counsels' submission that there was no threat involved in this case and, as the defendant had already spent some time in custody immediately following the incident, a sentence of 12 months supervision was passed in relation to the first charge with conditions set as directed by his probation officer. On the second and more serious charge he was convicted and ordered to come up for sentence if any further offence was committed. Counsel: Paul Brown. Conspiring together Rochelle Wallace, 20, of Lower Hutt, James Bowman, 17, of Lower Hutt and Kenneth Ellis, 30, of Wanganui, each pleaded guilty to conspiring to pervert the course of justice on 1st and 2nd January. Court heard how the three defendants had been in a motor vehicle on the Parapara Road (SH4) on 1 January when it was involved in a single car accident. All three were slightly injured and were taken to the Waimarino Hospital in Raetihi where they said Kenneth Ellis had been the driver. However, next moming when questioned by Police, they each claimed to have been driving at the time. They then told police that none of them was behind the wheel but a hitchhiker they'd picked up was the driver when the accident occurred. It was subsequently discovered that the defendant, Kenneth Ellis was a disqualified driver and had been driving with excess blood alcohol. Rochelle Wallace was convicted an remanded to appear in the Lower Hutt District Court on 9 April for sentencing. James Bowman was convicted and remanded

to appear in the Lower Hutt District Court on 9 April for sentencing. He was also ordered to report to the Lower Hutt Police every Monday and Thursday evening in the meantime. Kenneth Ellis was convicted on the conspiracy charge and remanded to appear in the Wanganui District court at 2.15pm on 8 April to defend the charges of driving while disqualified and driving with excess blood alcohol. Counsel: Brian Mason.