OHAKUNE DISTRICT COURT

Ruapehu Bulletin, Volume 13, Issue 622, 6 February 1996, Page 14

OHAKUNE DISTRICT COURT

The following cases were heard by circuit Judge B arry Lovegrove in the Ohakune District Court last Thursday. Senior sergeant Ross Beilby of Ohakune appeared for the prosecution. Assualt on female Dallas Clayton Elers, 27, mill hand of Raetihi, ap-

peared for sentence for assaulting a female on 10 November last year. Elers had returned home after working a double shift to find a party in progress. He had wanted to go to bed but was prevented from doing so by the behaviour and provocation of his in-

ebriated de facto wife and her friends. Losing patience he had struck his partner on the back of her head. In sentencing Elers to six months supervision during which he was to undertake counselling as directed by his probation officer, Judge Lovegrove said that it appeared the defendant "had had to deal with a fair amount of provocation" but warned him that, because of a previous conviction for violence in 1993, he would be facing a mandatory custodial sentence if he offended again. Counsel: Paul Brown. "A most unhappy combination" Fiona Elizabeth Evans, 21, garden worker of Rangataua, appeared for sentence on two charges following a defended hearing in the Ohakune District Court in December. The defended charge on which she had been found guilty was that she had caused bodily injury by driving carelessly while under the influence of alcohol. The charge to which she had earlier pleaded guilty was that she had driven with an excess breath alcohol level of 1 029: 1 in Shannon Street, Ohakune, on 17 September last year. Driving her mother's car she had collided with a parked car writing off both vehicles and causing serious injuries to her front seat passenger. In passing down a 6month prison sentence suspended for 18 months and imposing an indefinite sentence of disqualification on the careless use charge, Judge Lovegrove told the defendant that "careless driving while under the influence of alcohol was a very serious charge and you should have leamed your lesson in 1993 when you were convicted on your first

offence." "This was a most unhappy combination of alcohol, bad driving and serious injury and, because your passenger knew you had been drinking that night before you both got into the car, I would say there were two extremely foolish people in the car that day." In addition to the suspended prison sentence and the indefinite disqualification on the careless driving charge she was also sentenced, on the excess breath alcohol charge, to six month's supervision and ordered to undertake drug and alcohol abuse assessment and counselling as directed by her probation officer. Counsel: Eric Forster. "A degree of equivocation" Garth Hiroti, 31, shearer of Raetihi, was uncertain how to plead when he first took the stand to answer a charge of assault on 18 November. Unrepresented by legal counsel he was asked if he pleaded guilty or not guilty to the charge. He replied "a bit of both". When told by Judge Lovegrove that he could not have it both ways and must plead guilty or not guilty, Hiroti - after a moment's hesitation - at first responded with a not guilty plea but then a moment later changed his plea to guilty. At this stage Judge Lovegrove remarked: "There seems to be a certain degree of equivocation about these pleas" and stood the case down briefly so that Hiroti could seek advice from the duty solicitor for the day, Eric Forster. When he returned to the stand Hiroti entered a plea of guilty. Hiroti had gone to the 12-year old complainant's house after he leamed that | his own son had been punched and kicked in the head by the complainant. Hiroti had punched the youth in the face leaving him with a black eye. Judge Lovegrove told Hiroti that, if it was his intention to teach the complainant a lesson about the use of violence, he had gone about it the wrong way by using violence himself. Hiroti was convicted and sentenced to 50 hours community service. Common assault Rex Te Wainui Mareikura, 36, self-em-ployed of Ohakune, appeared for sentence as a first offender on one charge of common assault and one charge of assault on a child after pleading gui lty to both charges last month. The charges arose out of two separate incidents last year when the defendant attempted to discipline his 1 6-year old and 1 0-year old sons. In passing sentence Judge Lovegrove told Mareikura that it was the right and duty of every parent to dis-

cipline their children but not by using excessive force such as had been the case in both these instances. While the degree of violence used would have justified the imposition of a custodial sentence, Judge Lovegrove said that he would not be sending the defendant to jail on this occasion for several reasons: Mariekura had already sought anger management counselling; he had been under some considerable family and business strain at the time; there was more to be gained by keeping him in the community with his family and whanau support and; he was a first offender at the age of 36. However, he wamed the defendant if another assault charge was laid within the next two years it would result in a mandatory jail sentence. Mareikura was convicted and sentenced to a 6-month community programme. Counsel: Paul Brown. Took Skidoo for skifield ride Dion Anthony Gugich, 26, engineer of Auckland pleaded guilty to an amended criminal nuisance charge after charges of dangerous driving and unlawfully taking a vehicle were withdrawn by consent. The charges related to the taking of a $12,000 Skidoo snowmobile from beside a cafeteria on Turoa Skifield and then driving it around the skifield in a dangerous manneron 12 August 1995. This was considered to be particularly dangerous when he drove the Skidoo up the narrow Clarry's Track by which most skiers descend to the base area. When apprehended he said that, after seeing the skidoo parked beside the Alpine Cafeteria, he had asked someone if it could be hired. This person, who he did not know, said it could be hired for $50 and he had paid this sum for a 2hour ride. In convicting and fining Gugich $500, court costs $95, on the criminal use charge Judge Lovegrove commented: "With your background it is astonishing that you should have behaved in such a juvenile and irresponsible manner". "Below the threshold" Krishane Hiroti, 22, unemployed of Raetihi, appeared for sentence after being found guilty on a charge of assault following a defended hearing at December' s court sitting. He also appeared for sentence on a charge of possession of cannabis seeds to which he had pleaded guilty. The assault charge arose out of an altercation when Hiroti rpturned home to watch arugby league (Warriors) match. When his partner (the complainant) requested the volume be turned down so that she and their sick child could sleep, he had refused. She then decided to leave the house with the infant but was prevented from doing so initially by the

defendant and this was when the assault took place. In passing sentence Judge Lovegrove told Hiroti that, whilst this particular charge of assault was not one serious enough to cross the threshold that would have automatically resulted in a custodial sentence, there had been three previous convictions on charges of violence. He noted that Hiroti was already undergoing counselling for drug and alcohol abuse as well as for anger management. "You appear to be genuinely remorseful and are complying with all your programmes so, instead of sending you tojail this time, I am going to give you an incenti ve never to re-offend and resort to violence again". "I am going to impose a 6-month term of imprisonment .suspended for 9months on the charge of assault." On the possession of cannabis seeds charge Hiroti was convicted and sentenced to a 6-month community programme. Counsel: Eric Forster. Jailed for repeat offending Daryn Francis Kahia, 22, bushman of Ohakune, was convicted and sentenced to 10 week's imprisonment when he appeared for sentence on a charge of driving with excess breath alcohol (1056:1) on SH4 near Raetihi on 1 1 November 1995. Court heard that, though Kahia had not had a drinkdriving conviction in the past two years, he had accumulated a total of five similar offences over the past five years, this latest bringing the total to six. Through his counsel, Mr Eric Forster, Court heard that the defendant had got up at 4am to collect a colleague and go to work but, when he arrived at his colleague's house, he had found a party in progress. He had unwisely decided to join in and consumed a quantity of beer and whisky and, after a brief sleep, decided he was capable of driving. However, his erratic driving drew the attention of a police patrol. He was convicted and sentenced to 10 weeks imprisonment, given a 9month supervision sentence in order to undertake drug and alcohol abuse assessment and counselling under the direction of his probation officer and disqualified from driving for two years. Unhappy combination Elvis Aaron Te Aramoana Reuben, 25, unemployed of Ohakune, was convicted and remanded to appear for a probation officer' s report and sentence on 29 February after pleading guilty to a charge of assault on a female. Police in a passing patrol car had been drawn to his house by screams at 1 .30am on 17 November. They entered the house and found him holding the

female occupant by the throat and the interior of the house ransacked. Trespass Dean Francis Richards, 22, of Raetihi, pleaded guilty to a charge of wilful trespass at the Ruapehu Hotel in Raetihi on 5 January after having earlier been banned from the hotel for two years. Through his counsel, Eric Forster, Court heard that Richards had entered the hotel to give his girlfriend a message and had left as soon as he was told by publican. Richards had not been drunk or a nuisance when he entered the hotel briefly. Richards was given a 12month suspended sentence. Further remand Clayton John Henare, forestry worker of Raetihi, was to have appeared for a probation officers report and sentence after pleading guilty in December to charges of dangerous driving, driving while disqualified and driving with excess breath alcohol in Raetihi on 18 November. However, following a request from his counsel, Mr Paul Brown, for a further remand, the defendant was ordered to appear for sentence on 29 February. Assault charges Duncan Vincent Metekingi, 20, unemployed of Raetihi, was remanded without plea to 29 February to answer to two charges of common assault, the first on 11 November and the second on or about 9 December last year. Refused to leave Thomas Norman Henare, 34, unemployed of Raetihi, was convicted and ordered to come up for sentence if called upon to answer any charge within the next six months when he appeared for sentence on a charge of wilful trespass at the Ruapehu Hotel in Raetihi on 22 December. Henare, who had previously been banned from the hotel for two years, had been asked by the licensee, Trevor Dickson, to leave . but refused to do so. In passing sentence Judge Lovegrove reminded the defendant that it was the right of every publican to either serve or not serve patrons as well as to refuse them admission to hotel premises. Any charge of wilful trespass would automatically result in a Court appearance. Trespass Dean Francis Richards, 22, of Raetihi, pleaded guilty to wilful trespass at the Ruapehu Hotel in Raetihi on 5 January after having earlier been banned from the hotel for two years. Court heard that the defendant had only entered the hotel to give his girlfriend a message and had left as soon as he was told by the publican. Richards had not been drunk or a nuisance when he entered the hotel briefly. Richards was given a 1 2-month suspended sentence. More reports next week