A RECIDIVIST drink driver who drove at 110kmh in the wrong direction on the Eastern Link toll road, seriously injuring another driver, has escaped a prison sentence.

Bryan Robert Enoka appeared in the Whakatāne District Court on Wednesday for sentence on charges of drink driving and reckless driving.

The court heard that on March 30, 2023,  Enoka had been at a party.

At 9.28pm, with a breath alcohol level of 933 micrograms, almost four times the legal limit, he was driving while the owner of the car slept in the passenger seat.

He drove up an exit ramp and onto the Eastern Link toll road in the wrong direction.

“You were doing 110kmh; there was no way for anyone to get out of your way,” Judge Joanne Wickliffe said.

Enoka had two near-miss head-on collisions and kept going.

On a roundabout, he drifted, nearly had another head-on collision then spun out and hit a concrete barrier.

“Somehow you missed all vehicles on the road and ended up facing the wrong direction with only one headlight working.”

He was out of the vehicle inspecting the damage when the victim approached around a corner and drove straight into him. There was no way for her to stop.

In her victim impact report, she said it was the scariest moment of her life and she thought she was going to die. She was seriously injured but did not lose consciousness and had to be cut from her vehicle.

Her sister had died in a car crash eight months previously, and she was driving her sister’s car at the time.

Her injuries were extensive, including a broken femur and tibia, a fractured sternum and ribs, contusions and lacerations, an incomplete inflated lung, blurred vision and hearing issues.

She spent a week in hospital and three months off work.

Her sister told how the woman had changed from being the bubbly adventurous person that she used to be.

Lawyer Jonathan Kay said Enoka was genuinely remorseful and had not drunk alcohol since the crash.

He said Enoka did not have any clear recollection of how he got onto the toll road that night, or driving in the opposite direction, until he read the police summary of facts.

“He appreciates that it could have been a fatal accident and only by the grace of God that this didn’t occur.”

Judge Wickliffe said the accident had been life-changing for the victim, but she did not get a strong sense of Enoka’s remorse.

She wanted to know how he felt about what he had done to the victim.

“I’m ashamed,” he told her. “I’m gutted that I put myself in a position to hurt other people – I never intended it. I’m gutted that I’ve put complications into her life.”

At the restorative justice conference, which the court heard did not go well,  Enoka’s victim said: “I just hope something clicks inside your brain that creates a change, so you can be there to look after your family.”

Judge Wickliffe said she could not have said anything better.

She initially considered a prison sentence but after hearing from Enoka that he had stopped drinking and had already attended 17 fortnightly drug and alcohol counselling appointments, she said a sentence of home detention was appropriate.

She sentenced him to 12 months’ home detention and ordered him to pay reparation of $6625 and emotional harm reparation of $1000.

She disqualified him from driving for 12 months, after which time he will be subject to a zero alcohol licence.

Other court appearances:

Bail denied

A 44-YEAR-OLD man charged following gang-related incidents in Rūātoki and Tāneatua on Saturday has been refused bail.

The man, who has interim name suppression to protect his safety and that of his whānau, is charged with wounding with intent to cause grievous bodily harm and presenting a pump action shotgun.

A large contingent of the man’s whānau were in the Whakatāne District Court on Wednesday for the bail hearing, including his father and niece, who spoke in support of him being granted bail to live with family in Wellington.

Police opposed the application made by his lawyer, Leonard Hemi.

In refusing bail, Judge Joanne Wickliffe acknowledged the “fluid situation” in relation to the case and that there were ongoing repercussions. Even at a distance, she said she was not sure that he could not interfere with witnesses.

The man was remanded in custody without plea until his next appearance on November 7.

‘Manifestly inadequate’ – judge

A MAN who slapped his partner on the face, causing her to fall and hit her head, has been sentenced to six months supervision.

Steven Wayne Peden had previously been stood down on a charge of assault on a person in a family relationship, so he could engage in counselling, and be granted a discharge without conviction.

However, his lawyer, Rebecca Plunket, said although Peden had attempted to get into counselling with several providers, he had not been successful.

She asked that he be convicted and discharged given the time he had spent on bail, his previous good character and lack of further offending.

This was opposed by police and Judge Wickcliffe said a conviction and discharge was “manifestly adequate”.

“What you did, you might think is a minor assault, but it could have had drastic consequences because she hit her head on the sink.”

Dispute over mince and smokes

A MAN who set fire to his nan’s house after a dispute over a mince meal and cigarettes has been sentenced to nine months’ home detention.

Justin Sharp-Mokai, 22, appeared for sentence on charges of arson, two breaches of bail and two charges of unlawfully getting into a motor vehicle.

The court heard that on August 11, the Kawerau man had called his mother and grandmother asking if they could bring him a feed. When they couldn’t help him, he became angry.

His nan did cook him some mince and left it on the stove, then she and his mother left to go to a cleaning job. They had intended to call a cousin to deliver the food, but forgot.

With Sharp-Mokai messaging to say he wanted tobacco and a feed, his nan decided to go back home and sort it out for him before going to her cleaning job.

The defendant came driving towards her, drove across the road and parked alongside her. He called her an old bitch and said he was going to stab the tyres of her car.

At the house, he lit a fire in the corner of the lounge. When his cousin arrived, he said Mokai-Sharp seemed really angry.

The cousin tried to put out the fire, but there was too much smoke. It was eventually put out by a neighbour.

Judge Wickliffe said the fire did $37,000 damage to the house, and the losses to the grandmother were still being determined.

His older sister spoke on his behalf, telling how at the time of the offending Sharp-Mokai did not care about life.

They had just lost their father and were all in a bad place as a result. Sharp-Mokai had it particularly tough.

But since then, she said a lot of “good stuff” had happened. He had become a father and rebuilt his relationship with his nan.

Judge Wickliffe said a lot of factors had contributed to him being in court and she accepted his letter of remorse was genuine.

Taking a starting point of 24 months in prison, she reduced it by 11 months for mitigating factors to reach an end sentence of 13 months in prison. This was converted to nine months’ home detention, to be followed by six months of release conditions.

Appendices ordered

LIAM Anthony Daly was remanded on bail on charges of possession of cannabis, intentional damage and possession of a knife.

A charge of assault with intent to injure was amended to assault on a person in a family relationship, to which he pleaded guilty.

Lawyer Lisa Ebbers said the 37-year-old Tauranga man had committed two previous assaults against the same person and previous attempts at supervision had not done much.

She suggested a presentence report, which the judge ordered along with appendices.

Daly will appear for sentence on November 12.

Excess weight

HEIKELL Transport was further remanded for case review on a charge of having excess axle weight.

A case review hearing will be held on December 12.

Nominal date set

NELSON Anaru Charles Freeman appeared for his sixth case review hearing on charges of driving with excess breath alcohol and careless driving.

His lawyer, Roger Gowing, explained the issue for trial was whether Freeman was acting in a state of automatism at the time of the offending, and there had been delays in getting expert reports.

With no firm trial date available, a nominal date of January 16 has been set.

The police are expected to call three civilian witnesses, along with the police officer who was involved in the excess breath alcohol testing process.

The defence will call two witnesses – the defendant and his wife – and two expert witnesses.

Pre-sentence report ordered

JEBIDAH Marks stopped doing community work after the death of his mother and landed himself in court charged with breaching the sentence.

The court heard Marks had done no hours since May when his mother died, having been badly affected by her death to the point of being unable to leave the house or be around groups of people.

His lawyer, Jonathan Kay, said Marks had been referred to counselling to address the underlying cause of his illness.

Community corrections said they were sympathetic to his situation but had given him enough time to resume community work.

He has four previous breaches.

Judge Wickliffe ordered a pre-sentence report, saying she was unwilling to issue a fine given the community work had been imposed for family violence offending.

This meant the penalty might increase to one of community detention or home detention.

He will appear for sentence on November 12.

Bail continues

A MAN remains on bail after pleading guilty to a firearms charge.

Tori Tai pleaded guilty to two charges of unlawfully carrying a firearm, and a charge of obstructing the course of justice.

Lawyer Kylee O’Connor said it was important for Tai to remain on bail for his rehabilitation. The Crown opposed bail.

Judge Joanne Wickliffe granted the continued bail, saying: “I’m going to put your rehabilitative needs first.”

Guilty pleas entered

BUTLER Taylor has entered guilty pleas to seven of the nine charges he faces.

Taylor pleaded guilty to supplying methamphetamine, cannabis, cocaine and fantasy type substances.

He also pleaded guilty to two counts of unlawfully possessing a pistol, and one count of unlawfully carrying a firearm.

His lawyer said two further charges would be withdrawn at sentencing in exchange for the guilty pleas.

He was remanded until January 8 for sentencing.