Prison term for assault on child

Ruapehu Bulletin, Volume 9, Issue 432, 14 April 1992, Page 14

Prison term for assault on child

The following cases were heard by Judge P J Toomey in the Ohakune District Court last Thursday. Police Sergeant Chris Rowe of Wanganui and Police Constable Brian Wilson of Ohakune appeared for the prosecution. Traffic Sergeant Rey Aanensen of Wanganui appeared for the Ministry of Transnnrt.

Prison term

Charles John Gupwell, 32, unemployed of Ohakune was sentenced to 3 months imprisonment on a charge of assaulting a 7-year old child. This was in accordance with defendant's own expressed wish that he should go to prison but Judge Toomey said that in passing such a sentence he was not fulfilling defendant's somewhat irrational request but was instead sending a message to others who might be contemplating similar disciplinary action against children which, however well motivated,

was entirely inappropriate. Court heard how defendant had wanted his 7-year old niece (the victim in this case) to do well at school and, while supervising her homework, had struck her on the arms and buttocks with a metal serving spoon and a metrelong bamboo cane. This was because defendant didn't think the school system was positive enough. This 'disciplinary treatment' took place over a period of 10 days from 11-20 February while she was staying with him and resulted in his niece suffering a fractured left arm (ulna) and severe bruising to her arms, wrists and buttocks. By refusing, through his counsel, to comply with any non-custodial sentence such as community service, periodic detention or a monetary penalty, defendant had left the Court with very few options but it was not to grant his wish for a sentence of imprison-

ment that a jail term was imposed. Defendant was described by his counsel and the Probation Service as an intelligent, hard working, highly principled but sometimes irrational man.

Counsel:

Brian

Mason

Assault

Joseph Temetaa Hakopa, 24, unemployed, of Te Teko, pleaded guilty to a charge of assaulting his 7-month pregnant defacto wife on 1 March. Court heard how defendant had come home from a party to find his wife asleep on a mattress on the floor. An argument developed and defendant slapped the complainant about the face before pulling the mattress from underneath and causing her to roll onto the floor. He then jumped on her stomach several times. The child was born

prematurely and is now in the neo-natal ward of Wellington Public Hospital but there was nothing to suggest a direct link between the premature birth and the assault according to counsel who had been in contact with hospital authorities. Judge Toomey told defendant he was fortunate that the complainant was now willing to forgive him and resume a relationship that had already resulted in an older child. In passing a sentence of 50 hours community service Judge Toomey said that defendant knew that his de-facto spouse was seven months pregnant and should, of all people, have exercised restraint and consideration.

Counsel:

Brian

i Mason

Sentence deferred

Jerry Tihe Henare, 23, unemployed of

Ohakune, was remanded on bail until 14 May when he appeared for sentence on a charge of breaking and entering Waimarino Wines in Ohakune on 25 February. This would give defendant time to continue paying off the reparations incurred and that in turn would affect his sentence next month. The remand would also provide an opportunity for defendant to undertake alcohol assessment and counselling at the Miranda treatment centre before his next appearance. Court heard how defendant had already apologised to the manager of Waimarino Wines.

Counsel:

Brian

i Mason

Excess blood alcohol

Peter Wayne Arahanga, 28, unemployed of Raetihi, appeared for a defended hearing on a charge of driving with excess blood alcohol on 1 September last year after earlier pleading not guilty to the charge. Court heard how defendant had allegedly driven along Thames Street, Ohakune, on the morning of Fathers Day while stark naked and then 'streaked' in Ohakune Junction before returning to the vehicle where he was apprehended by the local traffic officer, Ian Harrison, and a sample of blood taken. The blood-alcohol level was found to be 281:100. The first witness for the prosecution was Marilyn Ruth Best of Auckland who said that she and her family had been in the Junction area that morning after returning from an unsuccessful attempt to get up the Mountain Road to go skiing. While attending the Junction Ski Shop's Father's Day festivities that morning she had seen a vehicle approaching from the Mountain Road end of Thames Street. It was being driven erratically and, because there were several children in the area, she kept an eye on it as it passed her and turned into Rimu Street. She noted as it went past that the driver appeared to be barechested and had called out to her: "Where's the mountain... has anyone got any cocaine?" After parking briefly in Rimu Street, witness observed the vehicle to turn around and then proceed back along Thames Street until it reached Turoa Lodge where it again parked. Both front seat occupants appeared to be bare-chested. Because of the erratic manner in which it was being driven witness asked another bystander

to phone the local police/traffic officer as she was concerned about the safety of other drivers on the Mountain Road to which the driver had asked directions. At this stage witness saw the defendant leave the car and 'streak' stark naked along Thames Street towards the Junction Ski Shop and then return to the vehicle. When Traffic Officer Ian Harrison arrived witness had identified the defendant as both the driver and the streaker. In his evidence Traffic Officer Harrison said that the person who was sitting behind the wheel of the vehicle at the time was defendant. He noted that there were three people in the car and, while the front seat passenger was wearing only his underpants, the person in the driver's seat was "stark naked". Counsel for the defence said that the argument was one of identification... his client had alleged that he had not been driving but had admitted to 'streaking'. From the witness box defendant alleged that after his streak he had returned to the vehicle to find that one of his fellow passengers, who had left the car briefly to watch him streak, had occupied the rear seat which he had earlier vacated. This he claimed left him only the drivers seat to return to and this is where he was sitting when Traffic Officer Harrison arrived. Defendant admitted to asking for cocaine but said that, as he had been drinking he had only been "fooling around". In his summing up Judge Toomey said that on the evidence of the first witness (Mrs Best) he was satisfied beyond any reasonable doubt that the defendant had been identified as the driver. Because defendant had been convicted on an earlier drunken driving charge in 1987 (and within the past 5 years) he was now given a final warning that, should he commit another traffic offence, it would mean a term of imprisonment. He was disqualified from driving for an indefinite period (but a minimum of 2 years) and would have to apply to the Minister of Transport at the expiry of that period before he could be granted a licence. He was also sentenced to 180 hours community service and ordered to pay witness expenses of $192, analyst's fees of $54 and medical expenses of $82.

Counsel:

Brian

Mason

Provocation

Jack Lewis Haitana Ross, 36, unemployed of Raetihi pleaded guilty to a charge of assault on 31 March. Court heard how defendant, whose own

children were being 'hassled' by a group of 12-13 year olds, assaulted the complainant 13 -year old Rene Daniel Taura, in Seddon Street, Raetihi, after his own son returned home with his shirt torn and with scratch marks around his neck. Defendant had confronted complainant - allegedly the ringleader of the gang who had bullied his son - in Seddon Street when, after throwing him against a wall, slapped him several times around the face. Defendant, through his counsel, said that he had already laid a complaint with the local school about this gang but this latest incident had been the final straw and he had admittedly over-reacted. In his summing up Judge Toomey said that to have one's child bullied would infuriate any responsible parent but defendant's response was not acceptable. "You should have reported the incident (the torn shirt and scratch marks) to the police ... no-one is entitled to take the law into their own hands." In convicting and fining defendant $300, court costs $85, Judge Toomey said that as provocation had clearly been a factor, none of this fine was to be paid to the complainant.

Counsel:

Brian

Mason

Remand without plea

Sean David Brebner, 22, shearer of Turangi, was remanded on bail without plea on several charges involving the burglary of several ski chalets in the Ohakune area. A condition of bail is that he should reside with his parents in Turangi until his next appearance in the Ohakune District Court on 14 May.

Counsel:

Brian

Mason

Charge changed

Roger Geoffrey Smith, 29, sickness beneficiary of Wellington, was originally charged with a breaking and entering offence but this was changed to one of being 'unlawfully on premises', when the circumstances of the incident were explained. Defendant pleaded guilty to the amended charge. Court heard how defendant had been in the company of a drinking companion on the night of 21 September last year when his companion broke into the premises of John Mcllroy Ltd in Ohakune by climbing through a window. Defendant had been led to believe that his companion had some right of entry so when the roller door was opened from the inside, he too had entered the buildings It was not until his Turn page 16