TAURANGA man Jerry Junior Ronaki Kissling has been sentenced for possessing a can of crowd control spray, cannabis and driving while suspended in Ōpōtiki.

Two other charges taken against Kissling – possession of methamphetamine and possession of a tomahawk axe – were withdrawn by police last week.

When Judge Bidois questioned where Kissling got the crowd control spray from, the defendant said he ordered it from America.

Through his lawyer, Kissling sought to have his sentencing transferred to Tauranga District Court because he intended to apply for a substitution of a mandatory disqualification for a community-based sentence, under section 94 of the Land Transport Act.

Judge Louis Bidois said Kissling had been granted three previous section 94 applications, so he would not be getting another one.

Most recently, Kissling was suspended and then drove two weeks later, the judge said.

“How many times do we have to give him a chance?”

Judge Bidois sentenced Kissling to 140 hours of community work and disqualified him from driving for 12 months.

Other court appearances

Firearms fine

HASTINGS man Steven Robert Iraia has been fined $1000 for possessing multiple firearms without a licence.

The 40-year-old appeared before Judge Louis Bidois in Ōpōtiki District Court last week.

Police withdrew two charges of unlawful possession of a firearm.

Drunk driver fined $1500

AN elderly man who was caught driving more than three times over the legal alcohol limit has been fined $1500, disqualified from driving for a year, and ordered to pay lab fees.

Grant Malcolm Cookson, 76, was driving on Elliott Street in Ōpōtiki in March when he was caught by police.

He registered a blood alcohol level of 180 milligrams per 100 millilitres of blood. The legal limit is 50 milligrams.

The court heard it had been eight years since Cookson’s last offending.

The Tirohanga man still works and was supported by a letter about his work ethic that defence lawyer Lisa Ebbers described as “outstanding".

She said several people from Cookson’s work signed the letter, demonstrating that he was well respected.

It was requested that a mandatory 12 months and one day disqualification be delayed for an hour to allow Cookson to drive home from court.

Judge Bidois denied the request.

He questioned what Cookson’s plans were to get his vehicle home when he decided to drive to court, knowing he would be disqualified.

Cookson said he planned to ask a friend.

Fine and resentence for breach

A MAN who failed to complete his 300-hour community work sentence has been fined and sentenced to one month of community detention.

Izyrus Rahi pleaded guilty last week to breaching the community work sentence that he received in 2021 for an assault charge.

He had completed about 200 hours of the sentence.

The court heard his personal circumstances had changed significantly for the better, including that he was now employed.

Judge Bidois acknowledged the progress and fined Rahi $600 plus court costs for breaching his sentence.

He also resentenced Rahi for the original assault charge to one month’s community detention.

Drink driving admitted

OPAPE man Joshua Maharangi Khan has pleaded guilty to his fifth drink driving conviction.

Judge Bidois noted that it was his third conviction in the past few years.

Khan was remanded to September for sentencing.

Alcohol identified as problem

ŌPŌTIKI orchard worker Tony James Walker has been given a suspended sentence for two convictions of behaving threateningly.

Walker, 46, pleaded guilty to the charges last week and submitted letters of apology for the court to see.

Defence lawyer Leonard Hemi said alcohol was the problem when it came to Walker’s offending. In a sober state, the defendant appeared to be a reasonable person and appreciated the harm he had caused, Mr Hemi said.

Walker volunteered to make an emotional harm payment.

Judge Bidois said Walker’s actions had caused the victims to feel anxiety, apprehension and fear.

“Being drunk isn’t an excuse; it just makes victims more afraid.”

Walker is already serving sentences of community work and intensive supervision. Judge Bidois said a further sentence of community work would just add to Walker’s problems, so ordered him to come up if called upon for 12 months.

Walker was ordered to pay $250 in emotional harm reparation to each victim.

Firearm charge denied

HEMIRANGI Kingi has pleaded not guilty to a charge of discharging a firearm to intimidate.

He was remanded to a date in September for a case review hearing, a week after he is due in Auckland District Court for sentencing on other unrelated charges.

Four charges in the Ōpōtiki court were remanded to the Auckland date. They were two counts each of theft and using a document for pecuniary advantage.

Last week, Kingi also pleaded guilty to breaching bail. He was convicted and discharged without penalty.

Nine plants forfeited

WAIOTAHE first offender Charles Curtis Pearse has been fined $1000 for cultivating nine mature cannabis plants that he says were for his own use.

The 22-year-old pleaded guilty last week to a charge of cultivating cannabis.

Diversion was sought, but it was refused by police.

Defence lawyer Nickie Franklin said Pearse was using the cannabis to medicate a medical condition, and he grew it, so he did not have to pay for it.

Judge Bidois said police found nine healthy, mature plants outside at Pearse’s house in addition to a grow tent.

The fine was a reflection of the number of plants and potential yield, the judge said.

An order for forfeiture was issued.

Out of prison a month later

A YOUNG Ōpōtiki man who was not spoken to by a lawyer during the month he was in prison on remand for five charges has been sentenced and released.

John Joseph Timoti Harawira, 20, pleaded guilty last week to burglary, two counts of behaving threateningly, wilful damage and threatening to kill.

Defence lawyer Leonard Hemi voluntarily took over the case in the interest of avoiding a further remand in custody for the defendant.

Judge Bidois said Harawira was initially granted bail, but it was revoked when he reoffended.

The court heard Harawira had no previous convictions and methamphetamine use was the problem with his behaviour.

The victim, a male family member, was in court to support Harawira and told Mr Hemi that this time last year the defendant was “a totally different kid".

Harawira was sentenced to 12 months’ supervision. The victim intended to travel to Auckland the same day to pick him up from prison and bring him home.

Poor driving attracts attention

A WOMAN who was caught driving above the legal alcohol limit has been disqualified from driving for six months.

Jurnee Cherie Marara Wikotu was also fined $500 in line with her breath alcohol level, which was registered as 593 micrograms per litre of breath. The legal limit is 250 micrograms.

The court heard Wikotu was driving to get away from a dangerous situation and it was her manner of driving that attracted police attention, after complaints were made by the public.

Offending while on bail

A WOMAN who was on bail for eight charges has been sentenced for driving while intoxicated.

The defendant, who has name suppression for the charges, spent a night in custody on remand after being caught driving in Ōpōtiki with a breath alcohol level of 579mcg on the night of July 10.

She pleaded guilty on July 11 to driving with excess breath alcohol.

Judge Bidois heard she was driving to pick someone up.

“If you think you’re a good Samaritan going to pick someone up while you’ve been drinking, think again,” he said.

The woman was sentenced to nine months’ supervision, 120 hours of community work and was disqualified from driving for 12 months and one day.

She pleaded not guilty to charges of failing to stop for police, another charge of driving with excess breath alcohol, assaulting police, threatening to kill or cause grievous bodily harm, and two counts each of ill-treating or neglecting a child and theft under $500.

The defendant was remanded on bail to appear in Whakatāne District Court next month.

Protection order breach admitted

A MAN fulfilling the dying wish of his father by fixing a fence to stop the cows at his family property from getting out has admitted behaving in a way that contravened a protection order.

Justin Lee Koia pleaded guilty to the charge last week. The court heard a screaming match ensued at the property, which led to the breach.

The defendant was accused of threatening to burn the house down, which he denied, saying it would be disrespectful of his late father to do so.

Police withdrew a charge of threatening act towards a dwelling.

Koia’s existing community work order was cancelled, and the judge imposed a further 300 hours, encompassing both the old and new sentences.

The defendant was ordered to make a $150 emotional harm reparation payment. Koia is next due in court next month for a judge-alone trial on a charge of assault on a person in a family relationship.

Home D sentence extended

A MAN who left his home detention property for longer than he was permitted to has had his sentence extended by a month.

Paiaka Te Aohurihuri Te Aho was absent from the property for 27 hours. He was approved an absence to go to work, but also went to a family member’s tangi, which was not approved by the probation service.

Judge Bidois said there was no evidence of other offending such as Te Aho going for a drink.

Last-minute lawyer reassignment

A LAWYER'S last-minute reassignment of Tutohia Huriwaka’s case has seen it delayed.

Huriwaka was due for a case review hearing on Thursday for charges of assault on a person in a family relationship, assault of a child, wilful trespass and threatening act towards a dwelling.

The court heard that Huriwaka’s assigned lawyer texted another lawyer the night before the hearing to say he would be getting the case reassigned and requesting a legal aid application be filled out on the day.

With no lawyer to represent him, Huriwaka was remanded on bail to next week to have another lawyer assigned.