KAWERAU man Kauri Waaka Hepi has been sentenced in line with a recommendation for home detention at a residential rehabilitation organisation in Auckland.

In March, the 24-year-old went on a spree that saw him steal a $45,000 Toyota Hilux, drive it dangerously on Mitchell Road, Kawerau, and fail to stop for police.

On the same day, he stole a $20,000 car in a residential burglary in Kawerau.

Hepi appeared in Whakatāne District Court on Wednesday and was also sentenced for an additional charge of failing to stop for police, recklessly causing injury in November, failing to answer district court bail and breaching release conditions.

Defence lawyer Steve Franklin said Hepi was prepared to attend restorative justice, but the victim who was injured in the accident chose not to participate in the process.

A pre-sentence report assessed Hepi as being a high risk of further offending.

Judge Louis Bidois said Hepi had a limited criminal history that included being sentenced to prison for aggravated robbery.

The judge noted that the November crash caused injuries to innocent road users.

A start point for the sentence was set at 15 months’ prison and was doubled to account for the value of the items stolen. The sentence was reduced by one third for mitigating factors, then increased by four months for aggravating factors, for an end sentence of 24 months’ imprisonment.

Hepi spent four months in custody while on remand, and his sentence was reduced by eight months to account for that.

Judge Bidois converted the prison sentence to eight months’ home detention at the residential treatment facility.

Hepi has also been disqualified from driving for a total of two years and was ordered to pay $3600 in reparations.

Other court appearances

Victim struck with crutch in courthouse assault

AN injured man who struck a person in the back with a crutch outside Whakatāne District Court has been sentenced to 12 months’ supervision.

Coastlands man Lamuel Herbert, 30, pleaded guilty on Wednesday to charges of disorderly behaviour likely to cause violence and assault with a blunt instrument.

Judge Louis Bidois said others had punched, kicked and knocked the victim to the ground before Herbert swung his crutch, hitting the victim in the back with it, on Tuesday.

The judge told Herbert it was “tough bikkies” if he did not like the colour someone was wearing.

“We do not tolerate violence outside the court.”

Bail granted

ELECTRONICALLY monitored bail has been granted for Jordan Minarapa Coake to an address outside of the Bay of Plenty.

He was remanded to August for a case review hearing on charges of threatening to kill or cause grievous bodily harm, impeding breathing, and two counts of assault on a person in a family relationship.

Michael Hill burglary denied

THE fourth person charged with the aggravated burglary of Michael Hill Whakatāne has denied the offending.

David Hampton has pleaded not guilty to all five charges he faces – unlawfully getting into a motor vehicle, unlawfully possessing ammunition, unlawfully possessing a firearm, possession of an offensive weapon and committing the burglary of Michael Hill with a weapon – four of which are from an unrelated incident in December.

For the earlier charges, a judge-alone trial has been set for October 11.

He is due back in court later this month for a bail hearing, and a case review hearing in August.

The packed public gallery shouted their support as the hearing came to an end, including several calls of, “I love you my brother”.

Further remand on Crown case

A KAWERAU man who has denied a charge of aggravated robbery has had his case remanded for a further six weeks.

Courtney Tekaaho Koopu was charged earlier this year with using a bottle as a weapon to rob a person of their Toyota Camry.

The file has recently been transferred from police to the Crown prosecutor, which requested more time to review the case.

Koopu was remanded in custody until mid-August for a further case review hearing.

Sentencing scheduled

IZAYAR Smith has been granted bail until his sentencing in September.

He faces charges of failing to stop for police, driving while disqualified and two counts of resisting police.

Smith was remanded on bail to September 4 for sentencing, with a bail condition not to drive.

Fifth drink-drive conviction

AN intended overnight fishing trip turned into a drink-driving conviction for William Kelly Robert Te Are after a family member needed help.

The court heard this week that Te Are was out fishing and, with the intention of staying overnight, started drinking.

Defence lawyer Xu Wang said after Te Are started drinking, he got a call from a family member who was drunk and getting herself in trouble, so he went to help her.

“He says he is now going to stay off the drink because it causes nothing but trouble.”

Te Are was remanded to September for sentencing.

Fine for assault

A MAN who previously denied an assault and associated breach of a protection order has changed his pleas to guilty.

Hokianga Boynton was fined $500 for the charges and ordered to pay $500 in emotional harm reparations.

He also pleaded guilty to a charge of failing to answer district court bail when he did not show up for what was meant to be a sentencing indication.

Remand in custody

HAWKE'S Bay man Joseph Ian King, who has been charged with rape and escaping police custody, has been remanded in custody after absconding from his bail in January.

The court heard King was arrested this week.

He has denied the rape charge and entered no plea to the charge of escaping police custody.

He was remanded to August 15 for a case review hearing and to enter a plea.

Guilty pleas after charge adjustments

THE sentencing of Paul Andrew Hampton has been adjourned to September following his guilty pleas this week.

The Rūātoki man has pleaded guilty to theft, driving while disqualified and breaching community work.

Hampton initially faced an additional charge of driving while disqualified, which police withdrew, and burglary, which was amended to theft.

The court heard Hampton had engaged with an approved assessment centre to get his indefinite disqualification lifted, but the staff member who prepared a report on his suitability died before it could be sent to Waka Kotahi.

There were limited sentencing options available to the judge this week because Hampton had a “significant” medical condition affecting his ability to physically do community work, and because he lived in a rural area it was unlikely electronic monitoring could be facilitated.

Defence lawyer Rebecca Plunket submitted that only supervision would be pragmatic.

Of the 180 hours’ community work he was originally sentenced to, Hampton has completed one hour. An in-court Probation representative said that was likely just the induction.

Hampton’s sentencing was adjourned to early September, after a pre-sentence report can be prepared.

Supervision for two charges

A MAN who pleaded guilty this week to intentional damage and possession of a golf club has been sentenced to six months’ supervision.

Ngawai Smith initially pleaded not guilty but changed his pleas this week.

Judge Bidois said the sentence was in line with Smith’s two co-offenders, one of whom was sentenced to supervision and the other diversion.

As a condition of the sentence, Smith must attend any counselling, treatment or programme as directed.

Opportunity for clean driving slate

OPAPE man Breize Wereta has avoided being further disqualified once he obtains a zero-alcohol licence.

Wereta was sentenced in Whakatāne District Court this week on two charges of driving while disqualified after being arrested for failing to appear in Ōpōtiki last week.

Defence lawyer Steve Franklin explained Wereta thought his court date was next week.

Wereta is indefinitely disqualified until such time as he gets a zero-alcohol licence, but the court heard he had only this week received a form of ID that would allow him to apply for the licence.

Wereta previously lived in central Ōpōtiki and had complied with finite disqualifications, the court heard, but he had to move to Opape on short notice.

“It is difficult for a man who lives in Opape not to drive,” Mr Franklin said.

Judge Bidois acknowledged that living rurally meant Wereta took the risk to drive more often.

He sentenced Wereta to 140 hours’ community work and six months’ supervision. The zero-alcohol condition still applies.

Guilt denied

TORERE man Henare Howard has denied two counts of contravening a protection order and one of unlawful possession of ammunition.

He was remanded to August for a case review hearing, when he will be expected to enter pleas to other charges of unlawfully possessing a firearm, possession of a firearm without a licence and possession of cannabis.

Home D for drink driver

WHAKATANE man Eugene Cedric Awarau-Rivers has been sentenced to two months’ home detention for giving someone a lift home from the pub while he was also intoxicated.

Awarau-Rivers was stopped on Stewart Street, Whakatāne, on April 3 and registered a breath alcohol level of 600 micrograms. The legal limit is 250 micrograms.

He had been disqualified from driving just two months prior to the latest offence and was convicted of driving with excess breath alcohol earlier this year.

The 46-year-old has two prior drink driving convictions dating back to 2006 and 2007.

In addition to the home detention, Awarau-Rivers will be subject to an interlock licence once his current disqualification ends.

Alternative address sought

AN adjournment has been granted for Whakatāne woman Maxine Tuhoe Kahika to find an alternative home detention address.

Kahika appeared for sentencing this week on charges of injuring with intent to injure and two counts of assault with a blunt instrument.

The Kainga Ora house where she has been living on bail for several months has been deemed unsuitable for a home detention sentence, the judge heard.

An in-court Probation representative told the judge that staff could not go to the address because another occupant, who is serving a home detention sentence for firearms charges, has been aggressive to staff.

She said Kainga Ora would also not let Kahika do home detention there.

Judge Bidois said jail was the easy sentencing option for Kahika, but it was not the right one for her and the progress she had made.

He said he could not send her to do home detention at an address that had not been approved, a community-based sentence was not appropriate, but he did not want to send her to prison either.

The sentencing was remanded to August 21 for Kahika to find an alternative address.