Judge rejects provocation excuse for violence

Ruapehu Bulletin, Volume 14, Issue 663, 19 November 1996, Page 14

Judge rejects provocation excuse for violence

The following cases were heard by Judge Barry Lovegrove in the Ohakune District Court last Thursday . Senior-sergeant Ross Bielby of Ohakune appeared for the police prosecution. Provocation no excuse Ronald Thomas Hamilton-Lowe, 30, unemployed of Ohakune, appeared for sentence on a charge of assault on 25 September which left his victim with a $12,000 dental repair bill after being kicked in the head. Hamilton-Lowe had been remanded for a probation officers report and sentence last month in an attempt to discover the reason for the degree of violence and to ascertain if there was any previous history of assault. Judge Lovegrove told Hamilton-Lowe that had a previous history been revealed, a prison sentence would have been imposed. Asked by Judge Lovegrove if he had anything to say before sentence was imposed, Hamilton-Lowe said that he had been provoked and that no account had been taken of the injuries which he himself had sustained to his hand. Judge Lovegrove told him that this was perhaps poetic justice and that provocation was no excuse for violence ... "people have to put up with provocation of one sort or another every day of their lives". He told him that the victim impact report did not make "pretty reading" with the victim losing three front teeth and having to live with that for the rest of his life, as well as a bill for $12,000 which he could not afford and would have to accept a cheaper alternative through ACC for $350. Hamilton-Lowe was convicted and fined $900, court costs $95 and ordered to pay two-thirds of the fine to the complainant. Sustained serious injuries Vincent Barbarino Elers, 18, table-hand of Raetihi, pleaded guilty to a charge of assault which left the victim with several serious injuries on 21 September. Court heard how an argument had developed in an Ohakune nightclub between Elers and the victim concerning the latter's girlfriend. A 'bouncer' , foreseeing trouble, had removed

Elers but he was later allowed back in and continued to stare at the complainant and his girlfriend until they left the club. Elers followed them and attacked the victim from behind, punching and kicking him senseless. Elers was cortvicted and remanded to appear for a probation officers report and sentence on 19 December. He was given bail on condition that he observes a curfew at his residential address; he does not consume alcohol or enter licensed premises; he reports to police every week and; that he does not contact the complainant during the remand period. Obscene gesture in public place. Donald Kerewara Mihinui, 24, beneficiary of Raetihi, pleaded guilty to a charge of behaving in a disordCrly manner outside the Ohakune Courthouse last Court day (17 October). At about 2pm Mihinui had arrived at the Courthouse but when asked to leave (because it was obvious he had been drinking) he had become abusive and continued to berate the Court staff for about half-an-hour before police were called to remove him. On leaving the building he had urinated against it while giving the 'fingers' to the police. He was convicted and remanded for a probation officers report and sentence on 19 December. Counsel: Paul Brown. Appeared for sentence Walker Huatahi Rangiahua, 25, garden-hand of Raetihi, appeared for sentence after being found guilty and remanded last month following a defended case in which he was charged with 'male assaults female' on 6 June. In a plea of mitigation before sentence was passed his counsel, Eric Forster, said that the level of assault had been at the lower end of the scale compared with what often comes before the Court in that the complainant had been pushed and not struck and that a third party (the complainant' s . mother) had been involved.

In passing sentence Judge Lovegrove noted favorably that while Rangiahua had come before the Court on charges of driving while disqualified in 1992, excess breath alcohol in 1991 and breach of periodic detention in 1 99 1 he hadn' t committed any further offence for the past four years. However, in handing down a sentence of 180 hours community service, Rangiahua was told that he must learn to keep his hands to himself and that any acts of violence within the next two years could result in a custodial sentence. Remanded to Wanganui Joseph Hohepa Mallinson, 27, unemployed of Wanganui, pleaded guilty to a charge of possessing cannabis leaf for supply on 8 March after he had been searched by police. On a separate charge of possession of cannabis as well as charges of theft and assault on a female he pleaded not guilty and was remanded to appear for a defended hearing in the Wanganui District Court on 3 December at which time sentence will be passed on the charge to which he pleaded guilty last Thursday. Court also leamed that Mallinson owed more than $5000 in outstanding fines. Counsel: Eric Forster. The case of the 'disappearing' driver Quinn Henare, 20, unemployed of Raetihi, appeared in Court in September faced with five charges relating to an incident in Thames Street, Ohakune Junction on 1 September. Last Thursday three of the original charges (which included resisting a police officer, showing intent to use an offensive weapon and escaping lawful custody) were dropped leaving only two to which he pleaded guilty. These were one charge of driving with an excess breath alcohol of 808: 1 in Thames Street and one charge of refusing to accompany a police officer on 1 September. Henare had been seen driving a vehicle in Thames Street at 4am but when stopped had run away and

hidden before being found and arrested. Through his counsel, Paul Brown, it was pointed out that while Henare had been drinking at a nightclub that night, he was not expecting to have to drive the vehicle in which he had travelled, as a passenger, from Raetihi earlier in the evening. However, when it was decided to return home it was found that the driver had "disappeared" and Henare had "taken it upon himself' to drive rather than leave the vehicle in Ohakune. On the excess breath alcohol charge Henare was convicted and fined $1000 and disqualified for 15 months. On the charge of refusing to accompany a police of-

ficer he was convicted and discharged. Case dismissed Gene Henare, 23, bushman of Raetihi, was to have defended a charge of acting in a threatening manner but when police reported that prosecution witness'es had not turned up at Court (for the second time), the case was dismissed for lack of evidence. Counsel: Paul Brown. Three times over limit Ivan Christopher Hall, 37, farm-hand of Raetihi, pleaded guilty to a charge of driving with an excess breath alcohol level of 1241:1 on 3 October. Hall was stopped by police while driving between Ohakune and Raetihi with two children who were not wearing seat restraints. He was convicted and remanded to appear for a probation officers report and sentence on 24 January . Counsel: Paul Brown. Often heard excuse Nelson Prior Horne, 64, beneficiary of Raetihi, pleaded guilty to a charge of possession of cannabis on 15 October. While executing a search of defendants property police found two cannabis plants measuring 8cm and 1 0cm high. His counsel, Eric Forster, explained that his client used marijuana to ease the pain of a back problem and in order to sleep. In convicting and fining Home $150, court costs $95, Judge Lovegrove said this was an excuse often heard but advised him to seek some alternative form of medical treatment. Theft charges involving vehicles Jason Andrew Bright, 20, student of Raetihi, faced a total of four charges of theft involving vehicles between 2 1 May and 26 June. The charges were that: on 2 1 May he stole a Mazda RX valued at $4233; On 28 May he aSsisted in the theft of a Ford Escort valued at $4354; on 30 May he assisted in the theft of a Toyota Starlet valued at $2294; on 26 June he stole a Mazda 323 valued at $9272. Bright pleaded guilty to two of the above charges but not guilty to the other two. He was remanded to appear again on 19 December. Voluntary appearance Vonzqure ('Rikki') Pierre Kaukau (aka Retikaukau), 26, of Ohakune, made a voluntary appearance to clear up a number of outstanding offences committed elsewhere over a period to time, including driving while disqualified, driving without a current licence and driving with excess breath alcohol. Duty solicitor Paul Brown said he had not had time to take instructions from his client and asked for a remand to next month. Kaukau was remanded without plea until 19 December. Charge could have been avoided Lewis Tehuia TeKura, 25, shearer of Pipiriki, pleaded guilty to one charge of driving while disqualified and to two charges of failing to answer bail. He was told by Judge Lovegrove that if he had taken steps to obtain a driving licence two years ago when he was entitled to re-apply after an indefinite disqualification order was lifted, he would not now be facing yet another charge of driving while disqualified, TeKura was told that this situation would continue until he obtained a licence and was strongly advised to do so. He was convicted on all charges to 130 hours community service and disqualified for 12 months. Counsel: Eric Forster.