Victim's artery severed, windows smashed

After severing a man’s artery with a spade, Ryan Anaru Ram used the same spade to smash every window on the victim’s minivan.

Ram, 33, has been imprisoned for the offending.

He appeared in Whakatāne District Court by audio visual link on Wednesday for sentencing on charges of wounding with intent to injure, intentional damage, threatening to kill and escaping police custody.

Judge Paul Geoghegan said on November 22, Ram went to the cave on Wairaka Road with a group of friends and encountered the victim, who was with his friends.

Both the victim and the defendant knew each other.

A verbal argument broke out between the parties, with Ram telling the victim to get out or he would be killed.

When the victim refused to leave, Ram picked up a spade and swung it at the victim’s head.

The victim dodged it, and raised his arms in front of his face as a shield when Ram swung again. The second swing connected with the victim’s wrist and severed his artery, the judge said.

Ram swung a third time and hit the victim’s arm.

Judge Geoghegan said after the attack, Ram used the spade to smash every window of the victim’s vehicle, causing $3761.08 worth of damage.

Ram said he picked up the spade to protect himself because others had a knife and a rake. Judge Geoghegan said that was not reflected in the summary of facts.

Earlier in the year, the defendant was arrested after police were called to an address. While under arrest, Ram ran away and police could not locate him.

Judge Geoghegan said the defendant had a “very unenviable” criminal history, including 109 convictions since 2006 and 12 violence-related convictions in the past five years.

Ram has breached community-based sentences 19 times, the judge said.

An address was available for Ram to serve a home detention sentence, but it was not recommended by pre-sentence report writers.

The judge noted that Ram had a difficult childhood, including being expelled from school at nine years old for cannabis and alcohol.

“You have continued to offend since.”

Ram was sentenced to two-and-a-half years’ prison and was therefore ineligible for home detention.

He must pay reparation to the victim upon his release from prison.

Defendant vapes in dock

Just moments after the judge finished talking about the changes Joseph Tamehana Pokai McGarvey needed to make in his life, the defendant took the opportunity to puff on his vape in the dock.

McGarvey, 28, appeared in Whakatāne Court on Wednesday charged with assault on a person in a family relationship.

He pleaded guilty and was sentenced the same day.

Defence lawyer Kylee O’Connor said McGarvey was now in a frame of mind to accept help for his anger management issues, to keep from offending again.

“You must have a short fuse,” Judge Geoghegan said to the defendant.

“You’ve got no fuse; you just blow up.”

The judge said although the offending was not severe, it painted a worrying picture when McGarvey’s history was considered.

He took note of the defendant’s stance in the dock, with arms crossed and a gold watch on display.

“You’ve got this thing a lot of young men have: puffed up, look at me with my fancy watch. Probably a disregard for women, too.”

McGarvey confirmed when asked by the judge that he was involved with his marae.

Judge Geoghegan urged him to take the humility he had on his marae when surrounded by his elders and transfer it to the rest of his life.

The judge heard McGarvey was exposed to family violence when he was young.

“But you’re 28 now. You need to find a way to throw all that off so you can get on with your life.”

Judge Geoghegan also told the defendant to get a job.

McGarvey was sentenced to 80 hours’ community work and 12 months’ supervision.

Shortly after receiving the sentence and the rev-up from Judge Geoghegan, a police officer in the dock with McGarvey noticed he had a vape.

McGarvey took a puff before it was confiscated by police.

“Boy, you’ve got attitude, don’t you,” the judge said.

Defendant found unfit in Crown case

A man facing a Crown prosecution charge of wounding with intent to cause grievous bodily harm has been found unfit to stand trial.

The defendant is currently an inpatient at a mental health facility and has undergone assessment by two psychiatrists.

The case will now proceed to an involvement hearing, at which a judge will determine if, on the balance of probabilities, the defendant committed the offence.

Bail granted in Ōpōtiki homicide case

An Ōpōtiki man facing multiple violence charges after a group fight that left one man dead has been granted bail.

Shiloh Aererua, 25, has been charged with common assault and two counts of injuring with intent to injure. He has not entered pleas.

The bail application was adjourned until this week to allow the defendant to find an address.

Police have assessed an address outside of the Eastern Bay as suitable and Crown prosecutors did not oppose the application.

Aererua was granted bail with conditions including an overnight curfew, not to enter Ōpōtiki, not to associate with his co-offenders, not to consume illicit drugs and alcohol and not to offer violence.

He was remanded without plea to next month.

Drunk man drove into parked car twice

A man who was more than five times the legal alcohol limit and crashed into the same parked car twice, has been sentenced to community detention.

Junior Tati Paul admitted charges of driving with excess blood alcohol and careless driving in court last month.

Judge Geoghegan said the incident was concerning.

Reading from the summary of facts, he said Paul was in the carpark of Kawerau New World on August 13 at about 5.30pm when he crashed into the back of a parked car.

He got out of his vehicle, which began rolling backward. He got back into his vehicle and drove forward again, directly into the back of the same car.

Paul opted for a blood alcohol test, which found him with a level of 276 milligrams of alcohol per 100 millilitres of blood. The legal limit is 50mg.

Both vehicles were said to be moderately damaged and $7635 was sought in reparation.

Judge Geoghegan said Paul’s offending included bad driving and a high level of intoxication in an area where you might expect there to be children around.

Paul has four previous convictions for drink driving. He was most recently sentenced in September for driving with a breath alcohol level of 1017 micrograms. The legal limit is 250mcg.

Judge Geoghegan said the criminal history indicated the defendant might have a problem with alcohol, coupled with him telling a report writer that he drank a couple of bottles of red wine a night.

Paul spoke from the dock to say he might have been exaggerating when he made that statement.

“Your driving and alcohol levels are of concern. I hope that you’re not one of the drivers who comes to court one day with someone else’s blood on your hands,” the judge said.

“You’re grappling with an addiction, and you need to take care of it, because it will kill you.”

Paul said his doctor had diagnosed him with alcohol-related dementia.

He was sentenced to six months’ community detention, 150 hours of community work cumulative to an existing sentence, and was indefinitely disqualified from driving.

Reparation was ordered for the damage caused to the other vehicle and the cost of the blood test.

Boat theft denied

Ōpōtiki man Matthew Taine Ruka Howe has denied stealing a boat.

He was granted bail with an overnight curfew.

He was remanded to Ōpōtiki Court for a case review hearing in April.

Two day trial required

Police and defence estimate two days will be required for the trial of a man charged with seven counts of indecent assault of teenage girls.

The man, who has name suppression, was remanded on bail to a nominal date in June.

The defendant was previously granted name suppression until the charges are resolved on the basis that he has previously worked within schools and hopes to continue doing so in the future.

He is not actively working within schools.

Driving admitted

Tekaura Ngaheu has admitted driving while disqualified.

A sentencing was scheduled in April.

Chance to do community work

A man charged with breaching a community work sentence that dates back to 2021 has been given two months to complete his hours.

Selwyn Jack Tukerangi was remanded to April 23 to give him enough time to tackle his outstanding sentence, and is due back in court prior on other charges.

Another case review scheduled

The case of a teacher charged with multiple counts of indecent assault has been adjourned to another case review to allow his lawyer to review the prosecution’s disclosure.

The defendant, who has name suppression, has denied five counts each of indecent assault on girls aged younger than 12 and indecent assault on teenaged girls, and two counts of exposing a young person to indecent material.

He has elected trial by jury.

A second case review hearing was scheduled for May.

“Counsel” ordered out of the court

A man claiming to act as power of attorney and counsel for defendant Scott Richard Elley was ordered to leave the court by Judge Geoghegan.

The man identified himself as Richard. He said it was his Christian name and he would not provide a surname when asked by the judge.

Richard said the defendant, Elley, was not present in court and could not speak.

Judge Geoghegan asked to see a copy of Richard’s practising certificate, which could not be provided. He noted that in any event, Richard was dressed inappropriately for the court’s standards.

Richard eventually left the court when security was called, but said he was doing so “under duress” and “under the threat of violence.” He stated that the judge was “denying justice.”

A warrant was issued for the arrest of Scott Richard Elley, who has been charged with cultivating cannabis.

Prison for breach

A man who admitted breaching his court release conditions twice has been sentenced to three months’ prison.

Katiana Thrupp has been in custody since January 30 on the charges.

One of the breaches occurred when he was supporting his hospitalised partner and the protected person showed up, he said.

The other breach came when he travelled through an exclusion zone to get to his partner’s house, which is not part of the exclusion zone. He said there was no other way to get there.

Defendant must wait for bail application

Te Whiu Stanley Ranapia has denied three charges.

Ranapia has now denied contravening a protection order, assault on a person in a family relationship and strangulation.

He wanted to apply for straight bail this week, but Judge Geoghegan adjourned the application to early March, when he is scheduled to make an application for electronically monitored bail.

Ranapia was remanded in custody to May 14 for a case review hearing.

Musician sentenced

Musician Clement Makamaka, who often busks around Whakatāne, has had his case resolved.

Makamaka faced 11 charges from multiple different events across a period of months.

He initially denied them all, but defence lawyer Rebecca Plunket and police came to a resolution, which saw him plead guilty to eight.

Police withdrew two charges of disorderly behaviour and Makamaka pleaded guilty to a third count, along with two counts of behaving threateningly, and speaking threateningly.

Guilty pleas were also entered to amended charges of dangerous driving (previously assault with a blunt instrument), common assault (previously laid as common assault under another section of the law with a longer maximum sentence), speaks threateningly (previously threatening to kill), and common assault (previously assault with a blunt instrument).

Police also withdrew a charge of possession of cannabis.

Makamaka has been in custody for a month, since being arrested on a charge of assault with a blunt instrument, which was amended to common assault.

Judge Geoghegan asked if Makamaka was the person who busked in Kopeopeo, to which Makamaka replied that he busked “everywhere.”

The judge noted that he seemed to get into trouble when he was busking.

“Have you ever thought of retiring?”

“Sometimes, your Honour,” Makamaka replied.

“I am making an album this year; hopefully I can retire then.”

Judge Geoghegan sentenced Makamaka to 100 hours’ community work and disqualified him from driving for six months, delivering one last message to the defendant.

“All the best for that album.”

Readmitted to bail

Te Pounamu Tawhai has been readmitted to bail after breaching his curfew.

Tawhai has been charged with possession of a knife in public, assaulting police and assault with a blunt instrument.

He was remanded to appear in Manukau District Court at the end of next month.

Trial scheduled

A three-hour judge alone trial has been scheduled in September for Jayden Rangitaia Matiaha Brown.

Brown has denied charges of assault on a person in a family relationship and threatening to kill.

Charges admitted

Whakatāne man Elijah Morunga has admitted five charges spanning dishonesty and wilful damage.

Morunga, 29, has been convicted of receiving stolen property (beer and chocolate), being found unlawfully in a Whakatāne hair salon, damaging the same hair salon, smashing two windows at Whakatāne District Council, smashing two windows at the Citizens Advice Bureau and burglary of New World and One NZ.

Restorative justice was directed before a sentencing in April.

Remand in custody

Waiotahe man Aaron James Riesterer has been remanded in custody to next month.

Riesterer, 43, was placed in police custody after being arrested on a new charge of assault with intent to injure.

He also faces charges of assault with a blunt instrument and two counts of assault on a person in a family relationship.

Assault over chocolate bars

John Delamere has been sentenced for assaulting a service station employee over two stolen chocolate bars.

Judge Geoghegan said Delamere entered Caltex Ōpōtiki on January 28 and took the chocolates to the counter to pay for them.

He became aggressive with the shop attendant, who told him to leave.

Delamere left with the chocolate bars, but without paying for them.

The worker followed Delamere to get them back, but he punched her in the cheek.

She managed to retrieve the chocolates from Delamere, who grabbed her by the wrist.

Judge Geoghegan said it was an attempt to get the chocolates back.

Delamere disagreed.

“No, I was trying to break her neck,” he said from the dock.

Judge Geoghegan said Delamere’s history was littered with assaults and sentenced him to six months’ prison.

“I think the courts should respond sternly to instances where shop assistants are assaulted in the course of carrying out their duties,” he said.

Man who closed court is sentenced

A Tāneatua man who disrupted court multiple times in the past year has been sentenced and wants to do his community work at Riding for the Disabled.

Arthur Toman was in Whakatāne District Court in February last year when he was instructed to leave the court, but refused.

He was placed in an escort hold by security staff and yelled at them:

“Let me go or I will swing on you, f***ers.”

He repeated the behaviour at an appearance in September, when he was asked to go to the dock.

He carried his one-year-old child with him, ignoring instructions to leave the child with her mother.

Judge Geoghegan said the court had to be closed because Toman refused to follow the instructions of the judge.

He said Toman continued to hold his baby, effectively using her as a shield, to deter police from arresting him.

In June, Toman was at home when the victim arrived to collect their child. She requested to gather some of her belongings at the same time, to which Toman told her to get in the truck and leave, or he would kill her.

During an argument in July, Toman slapped the victim in the face twice during an argument. He grabbed her by the collar and lifted her from the ground.

He was also found in possession of a stolen Crusader Cyclone caravan last January.

Police found the caravan parked near Toman’s house, concealed with large covers.

Toman's explanation was that it was there when he moved in.

This week, he pleaded guilty to resisting court security, three counts of threatening behaviour (amended from threatening to kill), resisting police, assault on a person in a family relationship, receiving stolen property and driving while disqualified.

Police withdrew charges of speaking threateningly, breaching bail, impeding breathing and assault of a child.

Defence lawyer Rebecca Plunket said the three months Toman had spent in custody on the charges should be considered during sentencing.

Judge Geoghegan said the time in custody was due to Toman’s own conduct and “extraordinarily poor” behaviour but acknowledged it did need to be considered in sentencing.

“I’m showing you the courtesy that you seem to consistently not show others.”

Toman was sentenced to 12 months’ supervision and a total of 200 hours’ community work.

Sentencing adjourned

The sentencing of a young man charged with strangulation among other charges has been adjourned because there is no available home detention address.

Collier has admitted charges of strangulation, assaulting police, threatening to kill and possessing an offensive weapon.

Defence lawyer Rebecca Plunket said in the absence of a home detention address, a lengthy sentence of intensive supervision and community work would be appropriate.

Judge Geoghegan said he could send Collier to prison this week and grant him leave to apply for home detention later.

The sentencing was adjourned to May for another home detention report to be completed.

Charges denied

Carlo Gavin has denied a raft of charges.

He was remanded to May for a case review hearing on charges of threatening to kill, two counts of aggravated assault, assault on a person in a family relationship, two counts of assaults police, resisting police, behaving threateningly and being unlawfully in an enclosed yard.

Sentencing scheduled

Jaydin Honatana has been remanded in custody to May for sentencing.

This week she admitted threatening to kill, possession of an offensive weapon and intentional damage.

Bail declined

The judge declined a bail application made by Ngaromate Thomas William Taipeti.

He has been charged with prohibited display of gang insignia, resisting police, possession of cannabis for the purpose of supply, disorderly behaviour and possession of an offensive weapon.

Taipeti had to be forcibly removed when he refused to leave, clinging to the glass of the dock and yelling to his family in the public gallery.

He is next due in court in April for a combination case review hearing and plea.

Jail for “nasty assault”

Phillip Mourangi Tarei has been sent to prison for a “nasty assault” which left his victim unable to walk.

Tarei had only attended half of his pre-sentence interview for convictions of assault with intent to injure and breaching a protection order, and his lawyer sought an adjournment to allow for the rest of it to be completed.

Judge Geoghegan declined the request, stating that Tarei had been given ample opportunities to attend the interview.

He said on January 16, the defendant cancelled his appointment and called ahead of his rescheduled January 22 appointment to say he could not attend due to transport issues.

Tarei showed up early for his interview on January 29, but walked out after 30 minutes because his father needed to attend another appointment.

He did not attend a fourth appointment on January 31 because he did not have transport.

“I’m not delaying this,” the judge said.

The court heard that Tarei and the victim had been in a relationship for nearly two decades but had been separated for two years at the time of the assault in August.

They had been at an address in Auckland when they got into an argument and Tarei punched her in the face three times.

He then grabbed her by the leg, dragged her to a doorway and slammed the door on her thigh multiple times.

The victim activated a family harm alarm and was unable to walk the next day, Judge Geoghegan said.

The judge described the offending as a nasty assault and sentenced Tarei to 19 months’ prison with six months of release conditions.

Leave was granted for Tarei to apply for home detention at a later date.