Staff Reporter
A WHAKATĀNE drug dealer caught with quantities of methamphetamine worth an estimated $24,000 to $52,000 has been sentenced.
Marcia Anahera Kora was sentenced to 12 months’ home detention at an out-of-town residential rehabilitation facility, where she has been receiving treatment for some months.
The 37-year-old previously admitted supplying both methamphetamine and cannabis over an eight-month period last year, in addition to possessing methamphetamine for the purpose of supply.
She was supported in Whakatāne District Court this week by two family members.
Judge Thomas Ingram said Kora was in possession of 84 grams of methamphetamine and she supplied 116 grams across the period of her offending. The quantity of cannabis was smaller, he said, but did not specify a figure.
“There are bigger dealers around, but it’s no minor matter,” the judge said.
Crown prosecutor Dan Coulson acknowledged that Kora had demonstrated positive progress through rehabilitation and had shown remorse for her actions.
He said there were matters in Kora’s background that meant her life had been more difficult than others.
The Crown supported a sentence of home detention.
The court heard there was a link between Kora’s addiction and offending, but she was doing extremely well at rehabilitation outside of the community.
She acted alone in her dealing.
Judge Ingram granted orders for the forfeiture of cash and destruction of Kora’s cell phone.
Other court appearances
Prison for 17 thefts
HAWAI man Edward Malcolm Pahina has been sentenced for a raft of thefts, dominated by petrol drive-offs.
The 66-year-old factory hand appeared in Whakatāne District Court on Wednesday and pleaded guilty to six counts of theft under $500, to bring his conviction total to 17 counts of theft under $500, two counts of driving while disqualified, possession of a cannabis plant and possession of a pipe.
One of the charges related to the theft of a number plate.
Pahina also faces new charges of possession of methamphetamine for supply, possession of utensils for methamphetamine and possession of a cannabis plant. He was remanded without plea on the new charges.
The defendant’s offending totalled $2055, with the petrol drive-off committed at service stations across the Eastern Bay and Waikato.
Pahina sought to avoid a disqualification for the driving charges, citing medications he takes for a heart condition as a reason he needs to take private transport.
The request was denied.
Judge Thomas Ingram said his normal practice for sentencing on multiple charges was to set a start point and uplift it by one month’s prison for every additional charge.
But the judge said he did not consider a lengthy sentence to be just for a man of Pahina’s age and health.
Pahina was said to have a lengthy criminal history.
“You’ve been here almost as much as me over the years,” Judge Ingram said.
Pahina was sentenced to nine months’ prison with six months’ release conditions and was disqualified from driving for a total of 18 months.
He must pay reparations of $2055.
Ongoing dispute ends in violence
A MAN who “snapped” after a decades’ long dispute and punched his victim 17 times has been ordered to pay reparations.
Leonard Saunders, 60, appeared for sentencing this week for charges of assault with intent to injure and wilful damage.
The court heard the victim was thrown off his moped to the ground, punched 17 times and stomped. The victim sustained cuts and lacerations.
Defence lawyer Steve Franklin said the defendant and victim were involved in an ongoing dispute that had seen Saunders make complaints to the police about the victim several times.
“He snapped in a bad way and went far too far.”
Mr Franklin said Saunders recognised he should not have resorted to violence.
Prosecutor Jasmyn Pearson said police were concerned at a lack of remorse on the defendant’s part.
Judge Ingram heard the defendant had cognitive limitations and was engaged with community mental health services, and had the support of his brother.
The judge said Saunders had difficulties in life that others did not.
A pre-sentence report recommended a sentence of supervision and reparations.
The judge said he did not think supervision was likely to benefit anyone and instead sentenced Saunders to pay $400 reparation.
Saunders must also pay $250 in emotional harm reparations.
Recidivist trespasser in custody
A WHAKATĀNE man who repeatedly trespassed at New World and Whakatāne Aquatic and Fitness Centre has been remanded in custody until his sentencing next month.
Juan Cyril Broughton pleaded guilty this week to seven counts of wilful trespass and one of possession of an offensive weapon.
The 47-year-old trespassed at New World two days in a row in May, and three times in the space of four days in June. He trespassed at the aquatic centre on June 25 and July 9.
Broughton told Judge Ingram that he was in possession of the weapon, a golf club, because he was practising his swing.
Defence lawyer Paul Devoy said Broughton was homeless and was going to the supermarket and making a nuisance of himself, not stealing anything.
Mr Devoy suggested an order to come up for sentence if called upon, sometimes described as a good behaviour bond, might be a suitable sentence.
Judge Ingram said the businesses had done everything in its power by trespassing Broughton, but he ignored its efforts, time and again. He queried the defendant’s suitability for a community work sentence.
An in-court Corrections representative said the organisation had assessed Broughton as high risk and not a good fit for community work because he had previously been aggressive to staff.
Judge Ingram voiced the idea of sentencing Broughton to prison.
Broughton spoke from the dock to say he was “not doing anything bad” like stealing.
“What can I do to impress upon him that he must obey the trespass order?”
Broughton was remanded in custody until August 15 for sentencing.
Infant clothes stolen
ŌPŌTIKI man Duke Hudson has been sentenced for stealing $50 worth of baby clothes from Farmers Whakatāne and, a month later, yelling at a female family member.
Hudson, 36, was arrested on the latter charge on Tuesday and held in custody until his court date the next day.
Police opposed bail for the defendant, who wanted to plead guilty at his first appearance on Wednesday, represented by a duty lawyer.
Hudson had just completed a supervision sentence before he appeared in court this week. As part of the sentence, he engaged with a mana enhancing course and a drug programme.
Hudson was sentenced to 12 months’ supervision and was ordered to pay $50 in reparations.
Medical information required
A WOMAN who admitted driving with excess blood alcohol has had her sentencing delayed to provide proof that her asthma prevents her from blowing into a breathalyser.
Clare Raki pleaded guilty this week to the charge; a conviction that would see her subject to an interlock licence condition.
But defence lawyer Kylee O’Connor said the defendant’s asthma meant she would not be able to blow into the device to start her car, so an exception was sought.
Ms O’Connor said the defendant wanted an interlock because that would serve her better, but it was untenable.
Judge Ingram remanded Raki to next month so the court could be provided with evidence from her doctor.
No disqualification for driver
WHAKATĀNE man Hoani Postlethwaite, 29, has been sentenced for going to court in possession of knuckle dusters and driving with excess breath alcohol.
Postlethwaite was caught driving on The Strand, Whakatāne, with a breath alcohol level of 443 micrograms on March 20. The legal limit for driving is 250mcg per litre of breath.
Defence lawyer Rebecca Plunket said there was no driver’s fault involved.
She said the defendant had been engaged with Waiariki Whānau Mentoring and had progressed his licence.
A section 94 application was made so Postlethwaite would serve a community-based sentence instead of a disqualification.
He was sentenced to 12 months’ supervision and 80 hours of community work, cumulative to an existing sentence.
Judge Ingram said he accepted Postlethwaite’s explanation regarding going to court to support a friend and being caught with knuckle dusters.
Man found cultivating 41 cannabis plants
SELF-REPRESENTED Tawera man Pita Pipi Keepa has changed his plea to admit a charge of cultivating cannabis.
Judge Ingram said Keepa was found in February with 41 plants up to two metres in height, with an estimated yield of 55 pounds. He said the current price per pound was $3000.
Keepa was remanded to August for sentencing.
Assault admitted
ROTORUA scaffolder Maveric Abraham Te Aute Paul has pleaded guilty to two violence charges arising from offending earlier this month.
The 25-year-old was convicted on Wednesday of injuring with intent to injure and assault on a person in a family relationship.
Judge Ingram heard that Paul took himself to the police station after the assault occurred, which resulted in the charges being laid.
Paul was remanded on bail until his next hearing in August.
Mixed pleas
RICHARD Black has pleaded guilty to assault on a person in a family relationship but denied a second charge of assault with a weapon.
The 65-year-old was remanded to September for a case review hearing.
Tenth drink drive admitted
ESTHER Michelle Peratiaki has pleaded guilty to driving with excess breath alcohol – her 10th conviction – and driving while disqualified – her 13th conviction.
She was remanded to August for sentencing.
Trial date set
A TRIAL date has been scheduled for Edward Makaiterangi Haua to defend himself against a charge of assault on a person in a family relationship.
His bail continues until the end of November, when the trial is set to take place.