Meth dealer could be home this year

Whakatāne meth dealer Peter Ford, 57, could be released from prison this calendar year after being sentenced by Judge Thomas Ingram in Whakatāne District Court this week.

Ford was found in possession of 34 grams of methamphetamine, 28.6g of dried cannabis and multiple cannabis plants when police executed a search warrant on his Lovelock Street home in January.

Judge Ingram said the property was set up for drug dealing including having a CCTV system installed with facial recognition technology.

Police found 10 point bags with two points of meth in each, totalling 2g of the drug, as well as a separate snap lock bag with 32g of meth in it at the house.

They also found cut down straws, unused point bags, a laptop, five cell phones, 10 tablets of morphine and other drug dealing paraphernalia.

Defence lawyer Caitlin Gentleman said Ford had an extensive history of drug offences but now had a desire to address his addiction issues.

She said his offending was in response to his addiction.

A sentence of home detention was sought, but was opposed by Crown prosecutor Hannah Speight.

She said the proposed address was not suitable and previous community-based sentences for drug charges had not deterred him from reoffending.

Judge Ingram said Ford was a long-term addict who seemed unable to free himself of addiction.

The defendant initially denied the charges laid against him, but pleaded guilty to possession of methamphetamine for supply, possession of morphine and possession of cannabis after receiving a sentencing indication.

Crown prosecutors withdrew charges of cultivating cannabis and possession of equipment to cultivate cannabis.

Judge Ingram sentenced Ford to 23 months’ prison with six months of release conditions.

He said he was not persuaded that home detention should be granted, citing a need for deterrence as a reason for the prison sentence.

Because Ford had already spent 10 months in custody on remand, the judge said it was possible he may be released this calendar year.

Single punch prompts prison sentence

The unprovoked attack by Aaron Raki on a man 30 years his senior has landed him with a prison sentence of 15 months.

Judge Ingram said the victim was in a room at a local hotel when Raki entered and punched him hard in the head without warning.

The victim fell towards the floor, knocked his head on a table and lost consciousness because of the punch.

He required 12 staples to close a wound on the back of his head, suffered a laceration to his chin and it took multiple days for him to regain mental clarity.

Defence lawyer Leonard Hemi said Raki had pleaded guilty to a charge of injuring with intent to injure with reckless disregard on the basis that his actions were reckless rather than intentional.

He said the victim had not suffered any continuing health problems because of the punch and submitted a sentence start point of 18 months’ prison.

Judge Ingram said the victim had suffered no long-term consequences – that we knew about now.

He likened it to the experiences of professional rugby players, many of whom were now experiencing early onset dementia after receiving head knocks.

“It’s highly likely he will suffer in due course due to the concussion he will have received from the injury.”

Judge Ingram said Raki had been before the courts repeatedly since 2013.

He had made it clear that he regretted his actions and had apologised.

Judge Ingram set a sentence start point of two years and three months, then reduced it to 15 months’ prison by taking into consideration his guilty plea, remorse and attendance at restorative justice.

The judge said he acknowledged the whānau’s hopes that Raki would be home by Christmas, but it was not a practical or realistic response to the offending.

Driver threatens cop

Kawerau man Jasen Robert Wakefield has admitted driving a non-roadworthy vehicle at excessive speed, then becoming aggressive towards the officer who pulled him over.

Wakefield pleaded guilty to charges of operating an unsafe vehicle and threatening behaviour, the latter amended from a more serious charge of assaults police.

An additional charge of failing to remain stopped for police was withdrawn.

The court heard that CCTV footage showed the defendant, 53, advance towards the constable in a threatening way, but it was clear that Wakefield did not touch him.

Judge Ingram said Wakefield was speeding in a vehicle with a false number plate that had been issued a non-operation order in May.

Court documents stated the offence happened on College Road in Edgecumbe on June 26.

The judge said Wakefield became aggressive when police wanted to check the vehicle, approaching the constable with his chest puffed and his fists closed.

The defendant’s excuse for driving the vehicle was that he was going to pick up a child from down the road, Judge Ingram said.

Wakefield was fined $400 plus $143 in court costs.

Teen pleads guilty

Whakatāne 18-year-old Mana Taitapanui pleaded guilty this week to three serious charges, while police withdrew two others.

Taitapanui has admitted wounding with intent to injure, discharging a firearm to intimidate and injuring with intent to cause grievous bodily harm.

Police withdrew charges of aggravated robbery and disorderly behaviour.

Taitapanui has been on electronically monitored bail since mid-September at an address outside of the Bay of Plenty.

He has engaged with various support services, the court heard.

A sentencing date in February was scheduled.

Protection order breach added to tally

Whakatāne fruit picker Ivan James Kennedy has notched up an 18^th conviction for breaching a protection order.

The 49-year-old pleaded guilty this week to the charge and another of possessing an offensive weapon. Another charge of possessing a knife in public was withdrawn by police.

The judge heard Kennedy was trying to collect some belongings from the Whakatāne address when an argument started.

“The picture I’ve got is that he lost his rag,” Judge Ingram said.

He said the defendant had assaulted people during his previous breaches but had not done so this time, which he considered to be a step in the right direction.

But the judge said he thought at his age and stage of life he would have learned to control his temper.

Kennedy asked to be sentenced on the spot and acknowledged that it would be imprisonment.

He was sentenced to three months’ prison and an order was made for the knuckle dusters to be destroyed.

The judge expected the sentence would mean Kennedy would be out before Christmas.

Breach denied

Tepapa Reagan Williams has pleaded not guilty to a charge of breaching a protection order.

Two other duplicate charges, laid by police in error, were withdrawn.

He was remanded to the new year for a case review hearing.

Supervision sentence

A man who admitted breaching a protection order and slapping a phone out of a family member’s hand has been released from police custody on a supervision sentence.

Craig Ohaki Elliott spent two weeks in custody before pleading guilty this week, due to an absence of bail options.

The court heard his whānau, including the victim, wanted Elliott to get help for his behaviour.

The defendant was physically unwell, and his family were concerned for his medical welfare while in custody.

The breach of protection order occurred when he went to a property to feed some puppies, then became upset when he was not required because other people were present.

He was asked to leave the property but did not.

Elliott was sentenced to 12 months’ supervision.

Gifted filleting knife to be destroyed

A judge has ordered a filleting knife gifted to Whakatāne man Mark Anthony Witehira by his koro to be destroyed after it was wielded in public.

Witehira, 29, pleaded guilty this week to possessing the 35-centimetre knife at midnight on October 26, on McGarvey Road.

The court heard he was using the knife for hunting but got into an altercation.

Judge Ingram said there was no legitimate purpose for the defendant to have a filleting knife on the streets at midnight.

Witehira was sentenced to 40 hours’ community work and a destruction order was made for the knife, despite defence requests for the judge to step back from it.

Charges denied

The not guilty pleas entered by Clement Makamaka this week to charges of disorderly behaviour and threatening to kill join a raft of others requiring a trial date.

Makamaka has now denied three counts of disorderly behaviour, two counts of behaving threateningly and one count each of assault with a blunt instrument, common assault, speaks threateningly and threatening to kill.

He appeared via audio-visual link at the beginning of the list as a self-represented defendant, but decided he would like the support of a legal aid lawyer.

The case was recalled later in the afternoon once a lawyer had been assigned at short notice.

The lawyer attempted to get a short remand without plea to allow him to get instructions from his client, but Makamaka interrupted.

“I plead not guilty your honour and I would like to be heard in te reo on a day at your convenience.”

Makamaka's pleas were recorded, and he was remanded to appear in Whakatāne District Court again next week in an overcapped list.