Suspended sentence for domestic assault

Ruapehu Bulletin, Volume 14, Issue 674, 18 February 1997, Page 10

Suspended sentence for domestic assault

The following cases were heard by Judge Gregory Ross in the Ohakune District Court last Thursday. Senior-sergeant Ross Bielby appeared for the police prosecution. Suspended prison sentence Keith Ellery, 33, labourer of Ohakune, appeared for sentence on a charge of male assaults female fo which he had pleaded guilty last month. From defence counsel Paul Brown Court heard how his client had been woken by the complainant (his partner) in the early hours of the morning (on 1 3 October) afterboth had been drinking. He had returned home earlier and she later. An argument developed which led to the assault charge when it was alleged

that Ellery had slammed complainant' s head into the piano after grabbing her by the hair. He denied kicking her while she was on the ground though it was admitted that the defendant "had no clear recollection of the totality of the incident". Judge Ross said that, from the injuries contained in the victim impact report which included bruises to her calf and shins, that the complainant had been kicked while on the ground. He described Ellery' s behaviour as deplorable on the night but, since then Ellery had taken all the right #■ steps voluntarily to avoid a repetition of such behav-

iour and to remedy the drinking problem by remaining sober. Had defendant not taken these actions Judge Ross said that such a serious assault warranted a custodial sentence and that was what he intended to impose but that would be suspended to allow defendant to work through the remedial programme as well as to continue in employment to provide for his family. He was convicted and sentenced to six months imprisonment suspended for 12 months and ordered to pay a fine of $500 with court costs $95. Unsophisticated operation

Lindon Blake, 30, logger of Ohakune, pleaded guilty to one charge of cultivating cannabis and to one charge of possessing cannabis seeds on 3 1 December. Court heard from Police that a 9.20am search of the house on the OhakuneRaetihi road where Blake was living resulted in the finding of a single 10cm high cannabis plant growing in the kitchen and 30 seeds in a container in the lounge. Defence Counsel Paul Brown explained that his client had planted a single seed in a pot and thrown a cup of tea over it to "see if it would grow". "As you can see it wasn't a sophisticated operation", said Mr Brown, "and there was nothing in the defendant' s actions which indicated a deep involvement with drugs". Blake was convicted and fined $100, court costs $95 •on each charge with Judge Ross commenting that this experimentation with growing cannabis had cost defendant nearly $400. Remanded in custody Henry Te Huia, 28, garden hand of Ohakune, was remanded in custody on a charge of manufacturing a Class B drug (cannabis oil) on 1 1 February, two days before his appearance in Court last Thursday. Because his counsel, Wayne Heedegen, had been unable to obtain full disclosure from Police in the short time available np plea could be prepared in time for last Thursday 's proceedings Remanded without plea Isadora Camdida Cecelia Rahi, 26, beneficiary of Ohakune, was remanded without plea on a charge of knowingly permitting premises to be used for the commission of an offence in contravention of the Misuse of Drugs Act, two days before her Court appearance

last Thursday. The offence occurred on 1 1 February and the application by defence counsel Wayne Heedegen for a remand until next month (13 March) was to allow him to obtain full disclosure so that a plea could be prepared. Driving charges Romayne James Temoana, 37, unemployed of Turangi, was remanded without plea to 13 March on two charges of driving while disqualified and one charge of careless driving on the Ohakune-Raetihi Road on 28 January. The remand period is for the purpose of obtaining full . disclosure and preparation of a plea. He was ordered not to drive any type of motor vehicle during the month-long remand period. Offences date back five years Joanne Averill Henare, 42, solo parent of Turangi, pleaded guilty to charges of driving while disqualified and supplying false information to police nearly five years ago (27 March 1992) in Masterton. Judge Ross ordered the defendant to pay court- costs of $95 on each charge but said a further disqualification period would not be imposed given the length of time since the offences occurred and the fact that defendant had not re-of-fended in that time. Alleged trespass Krishane Hiroti, 30, unemployed of Raetihi, was remanded without plea on a charge of trespass at 21 Queen Street, Raetihi, after being warned by the occupier of the premi ses to leave and refusing to do so on 1 February. He was remanded on bail to 13 March and ordered to stay away from 21 Queen Street during the remand period. Counsel: Wayne Heedegen. "Not a very good driver" Kevin Thomas Hall, 39,

unemployed of Raetihi, appeared for sentence after pleading guilty last month to three driving-related charges including: driving while disqualified; failing to stop; failing to supply his own name but giving a false name. These charges arose out of defendant' s erratic driving on Valley Road on 21 December last year. Hall was told that he wasn't a very good driver because he had swerved to the opposite side of the road thereby drawing attention to himself. Judge Ross also noted that Hall had been disqualified from driving for almost 10 years following an indefinite disqualification period imposed in 1 987 and that this disqualification still applied and would continue to do so until defendant took steps to obtain a driving licence. Hall has already been convicted twice for driving while disqualified in the past 10 years and Judge Ross told him that had alcohol also been involved in this latest incident a custodial sentence with immediate effect would have been appropriate. Instead a suspended sentence of six months was imposed for the driving while disqualified offence should defendant come before the Court on a similar offence within the next 12 months. He was also ordered to undertake a community service sentence of 75 hours on the other two charges. Counsel: Paul Brown. Dependent on defendant Shane Wayne Christensen, 23, unem- . ployed of Raetihi, appeared for sentence after pleading guilty last month to driving whi le di squali fied i n Queen Street, Raetihi, on 23 January. He had been remanded since last Court day to establish the circumstances and nature of injuries his partner had sustained in an accident and which led him

to be driving on that day. Judge Ross noted that Christensen' s partner was sitting in a wheelchair at the back of the Court and, from the report before him, noted that this person was "entirely dependent" on the defendant. "She would be a further victim if I imposed another disqualification period on you and for that reason none would be imposed". Defendant was reminded however that his present disqualification would still apply until 19 April. He was sentenced to 40 hours community service. Counsel: Wayne Heedegen. Assault charges Pierre Ian Todd, 22, unemployed of Raetihi, was remanded without plea to 13 March in order for his counsel, Mr Paul Brown, to obtain full disclosure from Police on three charges including: assault with a blunt instrument; assault with intent to use a weapon; aggressive assault on police together with Richard Craig Taura. Warrants for arrest When Caroline Jane Pui, 2 1 , solo parent of Ohakune, failed to appear to answer charges of wilful trespass, assaulting police and theft not exceeding $500, a warrant for arrest was issued. When Colin Paul Jellyman, 38, beneficiary of Raetihi, failed to appear to ascertain if he had completeddiversion (which had been offered last month following two charges of theft not exceeding $500 in each case) he forfeited his right to diversion and a warrant for arrest was issued.