Mistreating dog charge upheld

Ruapehu Bulletin, Volume 9, Issue 391, 18 June 1991, Page 15

Mistreating dog charge upheld

The following cases were heard by Judge Laing in the Ohakune District Court last Thursday. Police Sergeant Bob Evans appeared for the prosecution. Failed to provide Anthony Marshall of Ohingaiti, pleaded guilty to a charge of mistreatment of an animal by failing to provide it with adequate food. Court heard eviden^e from an SPCA inspector that when he visited defendant's property on 9 August last year, he found a golden retriever dog which was severely emaciated and weighed only 16 kilos (the dog now weighs 25 kilos). Asked for an explanation defendant said that while he could explain a reason he was not offering it as an excuse. He said that a young relative had asked to feed the dog and, because he was then going through divorce proceedings he was relieved to know that someone else was prepared to assume responsibility as this was one less thing for him to worry about. He later noted the condition of the dog but thought the problem was due to worms. He obtained some worming powder but by this time the animal's condition had been reported to the SPCA and the animal had been removed by the inspector. It was now with the defendant's former wife. When sentencing defendant, Judge Laing said the court might be criticised for a lenient penalty but "perhaps defendant was not solely responsible for this situation." "Sometimes in divorce proceedings it is not unusual for one party to try to gain some advantage

over the other," he said. Defendant was ordered to pay a fine of $125 together with $282 in sundry expenses towards the vet and SPCA and a further $75 in legal fees, All these monies were to be paid to the SPCA. Court costs amounted to $65. Counsel: Paul Brown. Intentional Damage Stephen Hoani Brown, 20, unemployed of Rangataua, pleaded guilty to a charge of causing intentional damage by breaking the plate glass window of Berry's Bookshop in Clyde Stree, Ohakune, on 23 May. Reparation of $900 was sought. Defendant was remanded on bail to appear in the Ohakune District Court on 18 July for reparation report and sentence. Counsel: Brian Mason. Remand without plea Kevin Douglas Bull, 40, ACC beneficiary of Raetihi was remanded without plea on a charge of breaking and entering a house in Raetihi Tip Road with intent to commit a crime between 17 and 20 May. He is to appear in the Ohakune District Court on 18 July for the taking of a plea. Counsel; Brian Mason. Fine arrears David Zane Cadwallader, 28, shearer of Raetihi, appeared to answer charges of nonpayment of fines totaling $2585 some of which dated back to 1989. He was ordered to pay his outstanding fines at the rate of $75 per week or face an automatic 3 month prison sentence. Four other defendants who should have appeared in court to answer charges of non-payment of fines but didn't answer

the summons, had warrants for arrest issued against them. Abusive behaviour Derek Grey, 32, unemployed of Pipiriki, pleaded guilty to a charge of abusive behaviour when he was asked to leave the Oasis Hotel, Waiouru on 5 June. He was alleged to have pushed the complainant as he was leaving the hotel but claimed he had not been asked to leave. He was convicted

and fined $200 and ordered to pay court costs of $65. Assault charges Gene Henare, 18, unemployed of Raetihi and Colin Barry Phillips, 35 , unemployed of Raetihi both appeared on a charge of assaulting Lincoln Shane Douglas Armstong on 7 June. At the request of their counsel, Mr Paul Brown, the defendant Phillips was remanded without plea to appear again on 18 July.

The defendant Henare pleaded not guilty and he was remanded to appear on the same date for a defended hearing. Application granted Donald Alfred Sattler, 45 area manager, was granted a limited licence to drive Ruapehu District Council vehicles on official business, when he applied to the court last Thursday. At last month's sitting he had been disqualified for six months.

In granting the application Judge Laing said he was doing so in the public interest as circumstances would sometimes arise when the services of an area manager would be required within the community, such as emergencies. Sentenced for receiving Thomas Treanor, 44, farmer of Pipiriki, appeared for sentence on three charges of receiving to which he had earlier pleaded guilty. The changes related to shearing gear valued at $2000, a Suzuki 4WD Quadrunner motor cycle

valued at $5000 and a Yanmar generator valued at $6000 ( this latter featured in last weeks 'Crimewatch" programme on TV1 as the owner has not yet been identified). Judge Laing said that Parliament required persons who committed crimes against property should not receive a custodial sentence if a reasonable alternative was deemed more appropriate. "Already you are faced with the embarrassment not only of appear ing in court on these charges Tumpage 17

From page 15 but you are also faced with the fact that some of this property came from your neighbours and people in small farming communities have long memories," said Judge Laing. "In view of mitigating circumstances, the most important being your cooperation with police in providing the names of people from whom you had obtained the stolen property, a jail sentence would not be imposed." Defendant was convicted and fined $500 cn two of the charges and ordered to pay reparation of $3000 for the motorcycle on the third charge. Counsel: Brian Mason. Further disqualification Donovan James Tuhirangi, 19, unemployed of Pipiriki, pleaded guilty to driving while disqualified in New Plymouth on 19 January following a 1 year sentence of disqualification imposed in November last year. Court heard how defendants 'defacto girlfriend' had taken her car to the New Plymouth Cobb & Co where she worked intending to drive it home later when she finished work. However, she had fallen while at work, sprained her ankle and when defendant had offered to drive her the 4 or 5 kilometres to her home she had accepted. Defendant was convicted and fined $400, court costs $65 and disqualified for a further period of 12 months from 12 November 1991. Counsel: Paul Brown Ramming incident Michael Wickcliff, 36, workman of Taihape, was remanded to appear in the Taihape District Court on 10 July for probation and reparations reports and sentence when he appeared in the Ohakune District Court last Thursday. The case was to be heard in the Taihape District Court last Monday but because of snow on SH49 and SH1 his counsel was unable to appear. Court heard how, following a confrontation in the Taihape Hotel on 21 March, defendant and complainant had both left the hotel and got into their respective vehicles. Defendant, who was driving a Landcruiser, then rammed the complainant's vehicle, backed off and rammed it again. Complainant's vehicle, valued at $2700, was 'shunted' more than 60 metres and was now a 'write-off . However, in pleading guilty to the charges of wilful damage and reckless driving, defendant told the court that the complainant had also been charged and sen-

tenced to dangerous driving and excess breath alcohol, arising out of the same incident. Police sought reparation of $2700. Counsel: Brian Mason. "An incompetent petty thief" George Wikohika, 35, painter of Waiouru, was jailed for a total of 6 months on a variety of charges when he appeared for sentence last week. Defendant had earlier pleaded guilty to charges of burglary, and unlawfully getting into a motor vehicle. These offences had occurred over a period and some had been committed while he was on bail. He was described as a compulsive but incompetent petty thief who was more of a nuisance value, rather than someone who deliberately set out with any particular objective to commit an offence, because there was no attempt to conceal his tracks and he could easily be traced. Judge Laing said that while each of the offences taken singly were of a minor nature, taken all together they amounted a justification of a custodial sentence. He imposed the following terms all of which were to be served concurrently: burglary(6 months); theft(l month); receiving(2 months); driving while disqualified(6 months); drink driving(2 months); unlawfully getting into a motor

vehicle(l month); careless use of a motor vehicle( convicted and discharged). On the driving offences he was disqualified for a further 12 months from October 1991. Counsel: Brian Mason. Jailed for driving Brendan Allen Young, 21, unemployed of Ohakune, was jailed for 28 days when he appeared for sentence on a charge of driving while disqualified on Old Station Road, ohakune, on 10 May. Judge Laing said defendant must not be allowed to continue breaching the law related to driving.... this was his fourth offence within two years though this one was not accompanied by other aggravating factors sueh as alcohol. However defendant had not responded well to earlier sentences. Community service imposed earlier had not been completed, his periodic detention record had not been good, his response to supervision had been so bad that he had risked a custodian sentence, and the fine which had been imposed last November had not been paid. Judge Laing did not accept counsels' submission that the offence had occurred towards the end of a period of disqualification, "He still had March, Apr.il, May and June to go before the disqualification period expired." Counsel: Brian Mason.