Jail for 'unco-operative' defendant

Ruapehu Bulletin, Volume 13, Issue 595, 18 July 1995, Page 10

Jail for 'unco-operative' defendant

The following cases were heard by Judge Peter Toomey in the Ohakune District Court last Thursday. Police-sergeant Bob Evans of Ohakune appeared for the prosecution. Jailed for 1 1 months Joseph Hohepa Mallinson, 26, unemployed of Ohakune, was jailed for a total of 1 1 months when he appeared for sentence on charges of burglary, breaching periodic detention and failing to pay fines. At last month's hearing Mallinson had pleaded guilty to a charge of breaking and entering a dwelling house in Arawa Street, Ohakune, sometime between 4 and 10 January. He was later identified by fingerprints left behind at the scene when he gained entry through an open window. In passing sentence Judge Toomey said that Mallinson had been completely unco-operative with the probation officer and his numerous past offences, including the breach of periodic detention and outstanding fines totalling $2900, was an indication of the defendant' s attitude towards the criminal justice system. The burglary of the Arawa Street house from which Mallinson removed a bag thinking it contained a video camera only to find a pair of ski boots which he discarded was, said Judge Toomey, an opportunistic crime. The community was not safe if Mallinson committed an offence whenever an opportunity presented itself. On the burglary charge he was convicted and . sentenced to six months imprisonment. On the breach of periodic detention he was convicted and sentenced to two months cumulative imprisonment and, on the failure to pay outstanding fines over a long period, a further three months cumulative jail term was imposed making a total of 1 1 months. Counsel: Paul Brown. Six month prison term A 3 1 -year old Ohakune woman who was last month granted interim suppression of name was jailed for six months when she appeared for sentence after being convicted last month of assaulting a 3-year old chil, who was in her care, with intent to injure. She had been remanded from last month for a probation officer' s report and sentence and presentence report. Judge Toomey, before passing sentence, said that the summary of facts before him "made sad reading indeed" though it was not clear how long a period over which the assaults had occurred. In this particular instance the child had first been hit on the bottom, legs and back with a small (15inch long) cricket bat before being accidentally struck on the forehead causing lacerations when the defendant was chastising another child who had managed to wriggle free. According to the summary of facts the defendant had started with smacking children before "graduating" to the use of weapons and, following an investigation into this latest incident, her own two children aged 9 and 12 as well as the 3-year old were removed from her care. Counsel Paul Brown said that there were a number of extenuating circumstances which might explain his client's behaviour. These included bouts of depression following the death of her mother earlier in the year, a break-up in a personal relationship, lack of parental skills and a lack of

knowledge as to where she could seek help before the incident resulting in the assault charge. Since then she had been supported by her whanau and was receiving counselling. Judge Toomey said that in matters of serious. violence such as this the Court normally has no discretion other than to impose a prison sentence unless there are special circumstances. However, in this case he found no special circumstances to excuse the defendants' behaviour as depression, break-ups in personal relationships and lack of parental skills were common factors in the lives of many people in the community who did not find it necessary to resort to serious violence against children. Other remedies were available. He told the defendant that her sentence must be long enough to serve as a deterrent to others as a lot of publicity had been given to the subject of violence and any lesser sentence might give the impression that violence was being condoned. In handing down a 6-month prison sentence Judge Toomey told the defendant that this was to be followed by 8-months supervision during which she must undertake counselling. Assault on female Quinn Henare, 19, Access worker of Raetihi, pleaded not guilty to a charge of assaulting a female on 3 1 July last year. He was remanded to appear for a defended hearing on 10 August. Charges amended Kelly Joanne Fielding, 30, beneficiary of Ohakune, pleaded guilty to two charges of possession of cannabis but not guilty to possession of a .22 calibre firearm when police executed a search warrant on 3 May. Last month both she and her husband had been remanded without plea on all three charges but at last Thursday's hearing police agreed to withdraw the charge of possession of a firearm. She was convicted and fined $150, court costs $95, on each of the two cannabis charges. The fine is to be paid at the rate of $20 per week. Counsel: Jeremy Nash Charges withdrawn Mervyn Lindsay Fielding, 35, unemployed of Ohakune, pleaded guilty to a charge of possession of an unlicensed firearm when police executed a search warrant for drugs on 3 May. Two charges of possession of cannabis were withdrawn by consent after his wife pleaded guilty to these offences (see above). His counsel told the Court that his client had come from a farming background in which firearms had been a part of his family and childhood. Mr Nash said that while Fielding had been "casual" about licensing the .22 calibre single boltaction iifle, he had taken the precaution of stripping down the gun and removing the bolt which he stored separately. Fielding was convicted and sentenced to 40 hours community service. A request to keep the rifle because he lived in a rural area and shot possums and the "occasional rabbit" was not granted and an order was made for its confiscation. Wilful damage Galen Joseph John Bergeson, 19, unemployed of Ohakune, pleaded guilty to a charge of wilful damage by breaking a plate glass window of the

Ohakune New World supermarket on 16 June. Reparation of $ 1 0 1 9.78 was sought as well as an additional $30 for wages to staff who had to attend in order to secure the premises until the window was repaired. Bergeson was convicted and ordered to pay a total of $1049.78 at the rate of $20 per week. Cannabis possession Gina Juanita Mason, 28, beneficiary of Ohakune, pleaded guilty to a charge of possession of cannabis when police executed a search warrant on 8 June. She was convicted and fined $150, court costs $95, with an order to make these payments at $15 per week. Remanded to Wanganui Michael Manihera, 20, unemployed of Wanganui, was remanded to appear in the Wanganui District Court on 28 July on a number of charges. He will appear for sentencingon three charges to which he pleaded guilty. These include: attempted burglary; receiving, and unlawfully taking a motor vehicle. On a charge of burglary to which he pleaded not guilty he is to appear for a defended hearing. Counsel: Paul Brown. Punched hole in door Peter Sittauer, 32, floor manager of Ohakune, pleaded guilty to a charge of wilful damage by punching a hole in the door of a Housing New Zealand dwelling house in Hamilton on 1 2 March. Sittauer told the Court that he had already made reparation of $273 for the door but disputed a further claim of $2 1 1 for causing damage to a lock which he denied. However, Judge Toomey said that was a matter to be settled between the defendant and Housing New Zealand and ordered Sittauer to make the payment of $21 1 at $20 per week. Warrant for arrest Paul Murray Sillick, 19, student of Auckland, failed to appear on a number of charges including: assault with a blunt instrument; theft; burglary; reckless driving and driving while disqualified on State Highway 4 at Owhango on 1 1 June. A warrant for his arrest was issued. Driving while disqualified Robert Thomas Ngarongo Houpapa, 21, unemployed of Taumarunui, pleaded guilty to a charge of driving while disqualified on State Highway 4 on 30 May. He was remanded to appear for sentence on 14 September. Final remand for pleas Dean Richards, 21, bushman of Raetihi, was again remanded without plea on charges of wilful damage, assaulting a police officer and disorderly behaviour in circumstances likely to cause violence on 3 June at the Ruapehu Hotel after appearing on the same charges last month. Judge Toomey told Richards that he must plead to these charges when he appears in the Ohakune District Court on 10 August. Counsel: Jeremy Nash Theft by finding Clayton John Henare, 19, unemployed of Raetihi, pleaded guilty to a charge of theft of a colour television set valued at $700 on a date between 21 and 29 March this year. Judge Toomey told Henare that the proper course of action was to hand the set into the police after he

found it instead of keeping it and then, after a period, if it was not claimed it would have been returned to him. He was convicted and sentenced to 40 hours community service on the theft charge and remanded to 14 September to allow him enough time to pay outstanding fines. Counsel: Paul Brown. Legal advice sought Robert Francis Paul, 43, unemployed of Ohakune, pleaded not guilty to a charge of driving while disqualified on State Highway 4 (the Rangataua Road) on 23 May. At last month's hearing he was told to seek legal advice on the term 'driving' as this includes 'steering' a vehicle that was being towed which defendant said he was doing at the time. After seeking legal advice from his counsel, Mr Paul Brown, the defendant was remanded for a defended hearing on the not guilty plea to 10 August. Two names Timothy James Horne, 26, tannery worker of Wanganui, also known as Jade Paul Elliot, was remanded to appear in the Wanganui District Court on 8 August on several charges which included: burglary, receiving, driving while disqualified, common assault and breach of periodic detention. Counsel: Paul Brown. Indecent act A 36-year old Raetihi man was granted interim suppression of name when he appeared on a charge of committing an indecent act on a female. He was remanded to 10 August and told that the interim name suppression may be lifted at that time. Counsel: Paul Brown. Not to drive .Richard Craig Taura, 21, unemployed of Raetihi, appeared on two charges of driving while disqualified in Raetihi on 26 April and 1 1 May as well as one charge of dangerous driving. He pleaded not guilty to the dangerous driving charge but guilty to the two driving while disqualified charges. He was remanded for a defended hearing on the dangerous driving charge to 14 September and was remanded for a probation officers report and sentence on the driving while disqualified charges on the same date. He was reminded that if he was caught driving again during the remand period it would render him an automatic remand in custody. Counsel: Paul Brown. Bail conditions altereef Sharie Wayne Christensen, 22, unemployed of Raetihi, was remanded without plea on a charge of assaulting a female on 1 July at Raetihi. The remand is to 10 August with the special bail conditions imposed at the time of his arrest withdrawn by consent. Counsel: Paul Brown. "Peeping and peering" Samuel Whaiki Te Karu Downes, 25, unemployed of Waiouru, was convicted after pleading guilty to "peeping and peering" into a Taumarunui house on the night of 18 June. He was seen by one of the occupants of the house but managed to get away. However, a week later (on 26 June) he was seen and recognised by the same occupant who reported to police. By way of explanation counsel Paul Brown said that his client was very intoxicated at the time. Downes was convicted and fined $200, court costs $95, and ordered to pay $10 per week.