Grossly intoxicated: Waimana General Store robbed

A man who knocked out Waimana General Store’s owner with a single punch and then robbed the shop of cash, cigarettes and alcohol was “grossly intoxicated” at the time, Whakatāne District Court heard during his sentencing this week.

Paiaka Te Aohurihuri Te Aho, 25, of Otara, Ōpōtiki was a regular at the store before the offending in December.

Between December 13 and 15, Te Aho took the keys to a car with permission from the owner.

On December 15, he drove the car to Waimana General Store and despite having no money, he asked the shopkeeper if he could have some alcohol.

When he was told no, he punched the victim in the face, knocking him to the ground.

Judge Melinda Mason said the victim fell on a TV and lost consciousness. His injuries included a lost tooth and ongoing headaches and dizziness.

After the assault, Te Aho made multiple trips to the car transporting cash, cigarettes and alcohol.

The defendant could not remember the offending, but he accepted that it happened.

Judge Mason agreed with a police submission that deterrence was required as robberies of small retail stores become more prevalent.

Te Aho was sentenced to a total of 22 months’ prison, including 18 months for charges of robbery and unlawfully taking a motor vehicle, and an extra four months for two counts of breaching home detention.

Leave was granted for Te Aho to apply for home detention to a rehabilitative facility if the opportunity arose.

Te Aho pleaded not guilty this week to another charge of breaching home detention and was remanded to April 23 for a case review hearing.

Group assault results in prison

Whakatāne man Tuxedo Ponini-Kara has been prisoned for his role in a group assault that involved the victim being attacked and stomped on the ground.

Ponini-Kara was at the Bakehouse in Kopeopeo on the morning of August 8 with two associates when the victim walked in.

The victim knew the defendant and when he saw the group, he left the bakery to go to a nearby superette.

The defendant’s associates followed the victim and disguised themselves in preparation for the attack.

Ponini-Kara watched from afar while eating a pie.

Judge Mason said the victim was punched in the head three times before he fell to the ground, at which point he was punched and kicked while he was down.

The lead offender, identified by Judge Mason as Mana Taitapanui, who was sentenced last week, stomped on the victim’s head twice.

The judge said Ponini-Kara landed eight kicks to the victim’s body and head.

One of the other defendants took the victim’s $150 watch.

The judge acknowledged Ponini-Kara's role in the assault was lesser that his co-defendants. Ponini-Kara pleaded guilty to a Crown charge of injuring with intent to cause grievous bodily harm for the assault.

The Crown withdrew a charge of aggravated robbery.

Ponini-Kara was also sentenced this week for three counts of common assault.

Judge Mason said at 3am on February 2 last year, the defendant was attending a party at a known gang address on Paul Street, Whakatāne.

The victims were other residents on the street who heard glass being smashed on the road and asked Ponini-Kara to clean it up.

It devolved into a brawl after Ponini-Kara pushed the first victim, who was attempting to persuade the other two to return inside, then punched the second victim.

At that point a large group from the party was said to have walked up, and when victims one and three attempted to separate Ponini-Kara and the other victim, they were both assaulted themselves – victim three punched by the defendant and victim one by others present.

Judge Mason sentenced Ponini-Kara to 23 months’ prison after adjusting for early guilty pleas, remorse, personal factors, the multitude of charges, previous convictions and offending on bail.

She noted a causal link between the significant grief Ponini-Kara was experiencing after the deaths of multiple friends and his last living parent.

Dog punched and kicked

Waimana man Mapu Mason Titoko, 53, has been sentenced for offending that saw him chase his victim with a hammer, throw a planter box at her and abuse a dog.

The summary of facts read aloud in court stated that Titoko was at his home in Waimana on November 18 when his multiple dogs started fighting.

He attempted to separate them but was bitten in the process, and his partner of 22 years went into a container on the property to get first aid supplies for him.

He followed her into the container with one of the dogs, which he punched in the head four times and kicked in the stomach three times.

The victim attempted to stop him and managed to get out of the container when he turned on her.

Titoko followed, throwing a wooden planter box at her and smashed the rear window of her car.

The summary of facts said he chased the victim around the property with a hammer until she managed to leave.

When she returned, she found her personal belongings including the bible she read every day had been burned on the front lawn.

Police found Titoko with 69 grams of cannabis and charged him with cultivating cannabis in addition to possession of an offensive weapon, being cruel to an animal and three counts of contravening a protection order.

An electronically monitored sentence was not feasible due to the defendant’s rural residence.

Judge Mason sentenced Titoko to 200 hours’ community work and 12 months’ intensive supervision. An order was made for destruction of the hammer and the items used for cultivation of cannabis.

Aggravated robbery admitted

Two young people with no previous criminal history have admitted a charge each of aggravated robbery.

Bailey Taiatini and Keleigh Cairah Whioke-Nelson each pleaded guilty this week. Whioke-Nelson also admitted a charge of wilful damage.

They were remanded on bail to April for sentencing.

No bail decision given

Ōpōtiki man Shiloh Aererua, who is facing violence charges after a recent altercation in Ōpōtiki, has had a bail application adjourned to next week.

Aererua, 25, has applied for bail to an address outside the Eastern Bay, however no formal decision was delivered by the judge this week and he was remanded in custody until Wednesday.

He is co-accused of injuring with intent to injure with two other men. One of the men also faces a murder charge.

The deceased victim’s family were present in court during Aererua’s hearing. One member of the family held a framed photograph of the victim throughout.

Bail granted

Kauri Waaka Hepi has been granted electronically monitored bail to Ōpōtiki.

He has denied burglary, unlawfully taking a motorcycle, driving dangerously, unlawful possession of a firearm, recklessly discharging a firearm and two counts of driving while disqualified.

Land dispute results in conviction

Alex Mokai-Sharp's actions during a whānau Māori land dispute has landed him with a nine month supervision sentence.

He pleaded guilty to a representative charge of speaking threateningly this week. Police withdrew a second charge of threatening to kill.

The court heard he had poor compliance with an existing community work sentence, with 96 hours outstanding from a sentence of 120 hours.

He sought a sentence of supervision.

Judge Mason said Mokai-Sharp's behaviour was “totally unacceptable” regardless of the other issues going on at the time.

Bail declined

An application for bail to an address in Northland has been declined.

Sam Douglas faces charges of assault on a person in a family relationship, contravening a protection order, strangulation, wilful damage and unlawfully taking a motor vehicle.

He was remanded in custody to April.

Sentencing adjourned

The sentencing of Jazmin Herewini was adjourned this week until a cultural report is received.

Herewini was due for sentence of charges of assaulting a person with stabbing/cutting instrument, speaks threateningly, injuring with intent to injure, two counts of shoplifting, two counts of threatening to kill, wilful damage and wilful trespass.

The sentencing was adjourned to April.

Whole day trial scheduled

An entire day in September has been set aside in the court calendar for Kim Aroha Mikaere to defend herself against charges of threatening to kill, resisting police and common assault.

She maintained her not guilty pleas this week.

Trial set

Jordahne Whaiora Richards has maintained her not guilty plea to a charge of threatening to kill.

A two-hour judge alone trial was scheduled in August.

Pleas denied

Darren Rex Gage pleaded not guilty to new charges of assault and breach of a protection order, to join two denied charges of wilful damage at case review.

All matters were remanded to a date in April.

Firearms charges admitted

William John Owen-Jacobs has admitted charges of unlawful possession of a firearm and unlawful possession of ammunition.

He denied a third charge of assault on a child, laid in Taupō.

He was remanded for sentencing next month in Whakatāne, and a case review hearing in Taupō in May.

Lawyer withdraws

Defence lawyer Whare Hika has been granted leave to withdraw from representing Sukhwinder Singh on three driving charges.

Singh has pleaded not guilty to driving with excess breath alcohol and two counts of driving while disqualified.

He was remanded on bail to next month, by which point he is expected to have a new lawyer assigned to him by Legal Aid.

Bail granted

Electronically monitored bail was granted for Latahnio Mathius Hare Parekura Millan, who is facing multiple charges.

He has denied unlawful possession of a firearm, unlawful possession of ammunition and being an unlicensed driver who failed to comply. He was remanded to April for a case review hearing.

He has also denied burglary, escaping police custody and possession of a knife, for which he is going to a judge alone trial in June at Tauranga District Court.