Supervision part of sentence for common assault conviction

Waimarino Bulletin, Volume 6, Issue 259, 18 October 1988, Page 8

Supervision part of sentence for common assault conviction

The followmg cases were heard by Judge E. W. Unwin in the Ohakune District Court last Thursday. Sergeant Russell England o f Ohakune appeared for the police prosecution. Traffic Officer Dave Dowsett of Turangi appeared for the Ministry of Transport. Driving charges John Charles Binzegger, 17, garden hand of Raetihi, pleaded guilty to one charge of using an unlicensed motor vehicle (a motorbike), one charge of driving without a licence and one charge of using a motor vehicle which did not have a current warrant of fitness. The three charges arose when defendant was stopped in Valley Road, Raetihi, but defendant, who represented himself, explained that he had not been on the main road but on an off-street area leading down to the river where he intended to ride his motorbike. It was explained to him that any section of roadway that was accessible to vehicular traffic without restriction was in fact a public road. He was convicted and ordered to pay court costs of $25 on each of the three charges. Burglary Zane David Cadwallader, 25, shearer of Raetihi, was to have appeared on two charges of burglary. The charges were that he broke into and entered a tack shed on Ruanui Station on or about February 18 this year and that he broke into and entered a dwelling house in Wanganui on February 27.

When he failed to appear to answer these charges a warrant for his arrest was issued. Long load Warren Peter Jonson, 26, teacher, changed his plea to guilty when he appeared on one charge of driving with a load exceeding 19 metres in length and one charge of driving with a load which extended more than four metres from the rear axle. A third change of failing to keep left was withdrawn by consent. Court heard how defendant, who was a member of the Waikato Rowing Club, was returning to the Waikato from Wanganui in December last year with a load of skiffs and rowing equipment when he was stopped on State Highway Four, three kilometres south of Raetihi by a Traffic Officer. Through his counsel, defendant explained that he was a regular volunteer driver for his club and normally used the club's own Bedford truck for transporting the rowing equipment between venues. On this occasion however the club's transporter had broken down and this necessitated borrowing another vehicle. Combined with this one of the skiffs had been damaged in Wanganui and couldn't be dismantled into sections for transport, with the result that it was overlength when loaded onto the replacement truck. Defendant was convicted and fined $75 on each charge with no court costs being im-

posed. Counsel: P . Brown. Pipe possession Marc Callum Kessing, 18, chef of Ohakune, pleaded guilty to one charge of possession of smoking pipes for the commission of an offence under the Misuse of Drugs Act and to one charge of possession of cannabis leaf. Both charges arose out of a search on September 14. He was remanded to appear in the Ohakune District Court for a community service assessment and drug assessment report on November 10. Counsel: P. Brown. For sentencing Karl John Kuhar, 25, unemployed labourer, of Whangaparoa, appeared for sentence on a charge of unlawfully taking a motor vehicle valued at $7000. He had been found guilty after a defended hearing in the Ohakune District Court last month when he said he had no recollection whatsoever of taking the vehicle from Raetihi and subsequently crashing it into a ditch beside the road. He had

woken up the next day beside the extensively damaged utility thinking that his drinking companions of the night before had left him there. He was convicted and sentenced to make reparation of $1500 at the minimum rate of $30 per week so long as he remained unemployed. Court heard how his job prospects were somewhat better now that he had returned to his parents' home in Whangaparoa. Excess alcohol William John Mclntosh, 31, roofer of Auckland, was to have appeared on a charge of driving with excess breath alcohol o n March 4. By letter defendant requested that the case be trartsferred to the North Shore District Court in Auckland on October 25 and this was agreed to. 1981 charges Whetu Marama Mark Mareikura, 26, unemployed of Ohakune, pleaded guilty to four driving charges relating to an incident in Rotorua in December 1981. Court heard how de-

fendant, during a brief moment of inattention, had run into the back of another vehicle and had failed to stop to ascertain injury. He had driven away without stopping and when interviewed later, he admitted he had panicked. Because the incident had occurred seven years ago and he had a good driving record since then defendant was not ordered to forfeit his licence on this occasion but he was convicted and ordered to pay court costs of $65 on each charge ($260 total). Counsel: Jim Rota of Wanganui. Receipt shown Scott Clifford Pannesta, 19, shop assistant of Auckland, was discharged after his counsel produced a receipt for $100 which defendant had paid into the Waimarino Rescue Helicopter Trust. At last month's hearing defendant had pleaded guilty to a charge of intent to defraud Turoa Skifields of the cost of a chairlift ticket by false pretence. The sentence he received was that h e would be given a provi-

sional discharge without conviction under Section 19 of the Criminal Justice Act if he paid $100 to the Trust. Counsel: P. Brown. Vehicle interfering Benjamin Thomas Paterson, 19, engineer, and Andrew Meredith Peyton, 20, electrician, both of Auckland pleaded guilty to a joint charge of unlawfully interfering with a motor vehicle in Ohakune on September 30. Court heard how the two defendants had arrived in Ohakune on the Kiwi Lager Ski team that evening and had gone to the Hot Lava nightclub where they had been refused admittance through a misunderstanding. They were told by police to leave the premises and returned to their accommodation. Later they decided to go for a walk and saw an unattended police car in Rimu Street. The pair decided on the spur of the moment to let the air out of the police car's tyres but were caught doing so. Through their counsel they explained that they realised it was a stupid thing to do and in fact were replacing the tyre valve-cap when they were apprehended. Judge Unwin agreed that it was a stupid ^ thing to do but "we Jdon't have courts for id_iots". I Each defendant was fconvicted and disicharged on the condi--tion they paid $150 to Ithe Waimarino Rescue | Helicopter Trust. Coun|sel: D. G. Harvey. I Intentional |damage ■ John David Frederick -Pikari, 28, forestry 'worker of Ohakune, |pleaded guilty to a |charge of causing -intentional damage on ■ September 28. | Court heard how de- ■ fendant, who was ex_tremely intoxicated, had ■ gone to a house on the jRaetihi-Ohakune road ■ late at night to obtain a Jkey at the address where f he formerly lived.

When he failed to gain entry he started banging on the doors and walls demanding to be let in. After abusing the occupant he broke a window with a piece of timber. He was convicted and fined $100, court costs $65 and ordered to make reparation of $40 for the broken window or face a 30-day term of imprisonment in lieu. Counsel: D. G. Harvey. Common assault Douglas John Te Huia, 28, forestry worker of Raetihi, pleaded guilty to a charge of common assault under the Crimes Act following an incident on September 1. Court heard how defendant had travelled to his ex-girl friend's home in Raetihi from Ohakune after learning from an associate that the complainant might be there. When he failed to gain admittance to the house after knocking he broke down the back door and entered to find his ex-girl friend in the lounge and the complainant in bed. He assaulted the complainant (a former workmate who has since been killed in an unrelated motor accident) to the extent that he needed overnight hospitalisation. In charging and fining defendant $500 and ordering him to make reparation of $75 for the broken door Judge Unwin also placed him under nine month's supervision during which he was to take anger management counselling. "It is obvious that the offence occurred as a result of jealousy and alcohol" said Judge Unwin. Counsel: P. Brown. Drug possession David Watkins Tukapua, 22, unemployed of Ohakune, was to have appeared on a charge of possession of a Class C drug (cannabis plant) on September 14. When he failed to appear a warrant for arrest was issued. Disqualified George Tamahana Wikohika, 33, unemployed painter of Waiouru, was to have appeared on three defended charges but when he changed his plea to guilty on two of those charges: drinking while driving and refusing a specimen of blood to be taken, the third charge of refusing to accompany a traffic officer was withdrawn by consent. He was convicted on the two guilty pleas and ordered to attend a drug and alcohol assessment centre and pay the fee of $165 for such treatment. He was also ordered to under take 60 hours community work on each charge and was disqualified from driving or holding a driving licence for an unlimited Turn page 13

OHAKUNE DISTRICT COURT