Opotiki court news: False poisoning report results in prison

Staff Reporter

AN Ōpōtiki man who falsely reported to emergency services that he was suffering a chemical burn has been sentenced to prison.

Duke Hudson, 36, made the call on September 12 and claimed the cause of the fictitious burn was likely potassium cyanide.

Two days later, he trespassed at New World Ōpōtiki and stole a $3.50 bottle of Just Juice.

He appeared in Ōpōtiki District Court last week dressed in disposable coveralls, a face mask, gloves and a padded quilted vest.

When asked by Judge Louis Bidois why he was dressed that way, a custodial officer said Hudson thought his own clothing was contaminated and was given those to wear instead.

Hudson pleaded guilty to three charges of misuse of a phone, shoplifting and wilful trespass.

He waived his right to a pre-sentence report.

Under the Summary Offences Act 1981, a person making a false allegation or report to police, which causes concern for their safety, with the intention of diverting or causing the wasteful deployment of resources is punishable by up to three months’ prison or a $2000 fine.

The law also applies to people who behave recklessly in making a report.

Judge Bidois said the defendant did not have the means to pay a fine, was non-compliant with his current supervision sentence and had no address for a home-based sentence.

Hudson was sentenced to one month in prison.

His existing supervision sentence was cancelled and converted to a second month’s imprisonment.

Other court appearances

Home detention ‘by narrow margin’

REPEAT drink driver Thornton Joel Orme has been sentenced to home detention for his fifth and sixth convictions.

Orme, 32, was found on May 28 to be five times the blood alcohol limit at a level of 255 milligrams per 100 millilitres of blood.

In August, police caught him with a breath alcohol level of 250 micrograms per litre of breath while he was subject to a zero-alcohol licence and bail.

A pre-sentence report assessed Orme as a medium risk of reoffending and a prison sentence would be justified, but the court could step back to one of home detention.

“I think we would do more for Mr Orme if we did that, than by sending him to prison,” defence lawyer Paul Devoy said.

Judge Louis Bidois sentenced the defendant to six months’ home detention, but noted that it was only by a narrow margin that he was doing so.

Orme was disqualified for 28 days and will then be subject to an alcohol interlock device.

He was ordered to pay $250 in analyst’s fees for the blood test.

Charges denied

WAIOTAPU man Edward John Maangi has pleaded not guilty to three charges dating back to January.

The 52-year-old denied charges of possessing a large slashing weapon, threatening to kill and assault on a person in a family relationship.

He was remanded to November for a case review hearing.

Drink driver four times legal limit

ŌPŌTIKI woman Lovey Gaby Teau Biddle has been sentenced to 300 hours’ community work and 15 months’ intensive supervision for driving while four times the legal alcohol limit.

Biddle, 56, was driving on State Highway 2 in Ōpōtiki when she was found to have a breath alcohol level of 1005 micrograms. She was also disqualified from driving.

The court heard that the recommended sentence for Biddle was prison, but she wanted to engage in counselling for her drinking.

Police supported a sentence involving intensive supervision.

Judge Bidois said the defendant lived on a rural road with no signal, which meant an electronically monitored sentence was not possible.

He said it would be unfair to ask Biddle to move for the purpose of a sentence, and it would also be unfair to send her to prison.

In addition to the community work and intensive supervision, she was disqualified from driving for 12 months, at which point she would be indefinitely disqualified.

Bail not sought

NO bail application was made for a man accused of rape, aggravated robbery and assault with a blunt instrument.

Pakura Tioke entered no plea to the charges and was remanded in custody until his next court appearance, next week in Whakatāne.

Suspended sentence imposed

A WOMAN who shoved another woman and broke a glass panel on a door at her house has been ordered to pay $500 reparation.

Jessie Nicol Pereniki pleaded guilty to charges of wilful damage, common assault and failing to answer district court bail.

The court heard she was staying at the victim’s house at the time of the offending.

She has since received counselling for drug use and personal issues, which Judge Bidois factored into the sentencing.

He chose not to impose a sentence of supervision because Pereniki was already receiving counselling.

She received a suspended sentence and was ordered to pay an additional $250 in emotional harm reparation to the victim.

Trial date set

A DATE has been set in February for Steven Robert Iraia to defend himself against a raft of charges at a judge alone trial.

Iraia has denied charges of threatening to kill or cause grievous bodily harm, assaulting a person with a blunt instrument, speaking threateningly, assault on a person in a family relationship, possession of an offensive weapon, injuring with intent to injure, and assault with intent to injure.

He pleaded guilty to two further charges of unlawfully possessing four firearms and ammunition, for which he will be sentenced in November.

Assault denied

CHARGES of assault on a person in a family relationship and threatening to kill have been denied by Te Rere o Kapuni Saphire Makowharemahihi.

She was remanded to a case review hearing date in December.

Innocence maintained

EASTLEE Gemmell is maintaining his innocence as he stands accused of a raft of firearms-related charges.

He has opted to go to trial for charges of unlawful possession of a firearm, threatening to kill, discharging a firearm to intimidate, four counts of presenting a firearm at another person, failing to remain stopped for an enforcement officer and refusing to identify himself to police.

Defence lawyer Leonard Hemi estimated the trial would take one-and-a-half days to be heard by a judge.

No time was available in the court calendar to schedule the trial, so a nominal date was set at the end of November.

Dangerous driving case adjourned for discussion

WAIHAU Bay man Stewart Riki Brooking has been remanded to a nominal date in October for discussions between police and defence about his case.

Brooking, 41, has denied two counts of driving with excess breath alcohol causing injury and one of being an unlicensed driver who failed to comply, dating back to March.

Home detention extended

AN extra month has been added to Rico Munro’s home detention sentence for two breaches he has admitted.

Probation has applied to the court for the sentence to be cancelled and for Munro to be resentenced to prison, which he opposed.

Judge Bidois said Munro left his property to retrieve a dog, got sidetracked and went for a cup of tea at someone else’s house.

The application was adjourned for a month at probation’s request to monitor the defendant’s compliance with his sentence.

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