Whakatāne man Tutemaungaroa Dixon has been urged by a judge to take the opportunity afforded to him by a home detention sentence to make change in his life.

Dixon, 29, was sentenced in Whakatāne District Court on Wednesday for assault on a person in a family relationship and contravening a protection order.

The police summary of facts read in court stated that Dixon and the victim had been in a relationship for four years when at 8.30pm on Boxing Day, she asked him to take their daughter for a walk.

He argued with the victim, kicked her with enough force to push her off the deck and headbutted her in the forehead.

Dixon refused to leave when the victim asked him to and followed her inside, continuing to yell abuse. He punched her twice in the eye.

Judge Paul Geoghegan said the child, who witnessed the assault, had now begun to act aggressively at school.

“There are actually two victims here.”

Defence lawyer Lisa Ebbers said Dixon had been in counselling with Waiariki Whānau Mentoring, there was a meaningful outcome from restorative justice, and he had supportive employers.

Judge Geoghegan said the restorative justice report was positive on the face of it.

“But how many times are you going to apologise to this victim?”

The judge said verbal apologies were starting to mean very little because Dixon did not follow them up by changing his actions.

He said there was no justification for Dixon’s actions, and he hoped an admission that “it felt good to finally hit her” was said in a place of misguided bravado.

Judge Geoghegan granted home detention by a fine margin, saying it was appropriate, especially given that the defendant was employed.

Dixon was sentenced to seven months and three weeks’ home detention.

Ōpōtiki violence charge denied

Ōpōtiki man Shiloh Aererua has pleaded not guilty to two counts of injuring with intent to injure, laid after a group fight that left one man dead.

Aererua, 25, appeared in Whakatāne District Court on Wednesday and was remanded on his existing bail terms to a case review hearing in the Tauranga High Court, alongside a co-offender.

It was acknowledged that the victim’s whānau was present in the public gallery.

Judge Paul Geoghegan addressed them to extend his condolences.

Christmas Day assault

Te Kaha man Palace William Waititi has received a combination of a punitive and rehabilitative sentence for his first conviction, after he assaulted his partner.

On December 25, Waititi, 25, punched the mother of his child in the left eye.

Judge Geoghegan said the next morning, he pushed her into the mattress with a closed fist and full force.

Defence lawyer Rebecca Plunket sought that Waititi be sentenced to supervision only, submitting that a rehabilitative sentence was required for the first offender.

She was concerned about causing financial strain by requiring Waititi to travel from the coast to Ōpōtiki for community work, but it was confirmed by an in-court Corrections representative that community work could be done on the East Coast.

Judge Geoghegan said there needed to be a punitive element in the form of community work.

“I’m sure you want to be the best father you can be, but we have far too many children in this country hiding in wardrobes and under their beds while their fathers mete out violence on their mothers.”

He said it was a particular issue in this region.

Waititi was sentenced to 60 hours’ community work and 12 months’ supervision.

$3000 stolen from club

Whakatāne woman Angela Kay Evison must complete 100 hours of community work and repay $3096.20 that she stole from Ōhope Chartered Club.

Evison, 45, pleaded guilty this week to a charge of theft over $1000 on April 11 last year.

She was initially charged with theft by a person in a special relationship and was accused of stealing more than $18,000, but prosecutor Sergeant Ian Dodds said police could only prove Evison stole the lower figure.

Defence lawyer Whare Hika said the defendant had been suffering from depression at the time but was now in counselling and was remorseful for her actions.

Supervision for teen guilty of assault

Teenager Raine Kaipara-Hohepa has been sentenced to 90 hours’ community work and 12 months’ supervision for assaulting two people at home.

Judge Geoghegan said Kaipara-Hohepa, 18 at the time, and the first victim were at a party in Kawerau when he accused her of cheating, verbally abused her, and shoved her when she tried to leave.

“You pulled her hair by biting it with your teeth,” the judge said.

They returned home to Kaipara-Hohepa’s grandmother’s house, where the defendant went to a bedroom inside the house while the victim went to a sleepout.

At about 2am, Kaipara-Hohepa woke the household and swore at his grandmother when she went to check on him.

He yelled at his mother, pushed past her and threatened to throw a dining chair at her.

The judge said Kaipara-Hohepa was pacing with his fists clenched, punched a hole in the wall, threatened to harm himself, and threw a kitchen drawer across the room before he went outside and hit the driver’s door of a car.

He verbally abused and shoved the first victim, and kneed his mum in the chin while jumping.

Kaipara-Hohepa went to the back of the property and was followed by his grandmother, who he chased until a family friend and neighbour calmed him down.

“You’ve effectively taken your grandmother’s hospitality and shoved it back down her throat,” Judge Geoghegan said.

“That’s something you need to reflect on.”

He warned Kaipara-Hohepa that he needed to get his anger under control now, before it became an issue that got him into more trouble.

Sentencing adjourned

The sentencing of Hoani Kurtis Iopata, who was found guilty at trial of injuring with reckless disregard, has been adjourned until today for the judge to consider what an appropriate sentence would be.

Iopata, 34, knocked the victim unconscious.

Defence lawyer Leonard Hemi said he had never had a violence conviction before.

He had previously submitted that the sentence should be one of community detention and supervision, but on Wednesday, Mr Hemi said community work would be a more suitable punitive element in the sentence.

Iopata travels to Taupō for work and returns home late at night, so Mr Hemi said community detention would effectively be what he was already doing, except that it could place more burden on others at the weekend.

Police prosecutor Sergeant Ian Dodds said community work was way below the mark, because the offending involved a breach of trust and strikes to the head.

Judge Geoghegan said he needed time to think about the sentence because he was struggling to find the balance between a defendant who pleaded not guilty and then wanted leniency.

Defendant working on alcohol issues

Whakatāne man Troy Terence Goodley has been sentenced for assault and driving with excess blood alcohol.

The court heard Goodley, 35, did not have an extensive criminal history, but he did have a recognised issue with alcohol that he was working on.

Judge Geoghegan said it was another case of a child, who had no choice where they were, seeing the person they loved most be harmed.

“It’s a depressingly common feature of what we see in this court, day-in and day-out.”

The judge said he was not trying to guilt trip Goodley, because he was working on his alcohol issues, but he needed to change.

Goodley was sentenced to 12 months’ supervision, 80 hours’ community work and was disqualified from driving for a year and a day.

He was caught on Otakiri Road with a blood alcohol level of 143 milligrams per 100 millilitres of blood. The legal limit is 50 milligrams.

Short prison term for assault

Whakatāne man Jessy Tihi has been sentenced to a short term of imprisonment for an assault on a male family member.

Tihi pleaded guilty this week to breaching release conditions and an amended charge of common assault, originally laid by police as an assault on a person in a family relationship.

Judge Geoghegan said Tihi punched the victim with a closed fist multiple times in the head and chest.

The victim left the property to get away.

Defence lawyer Jonathan Kay said the defendant’s explanation was both he and the victim were arguing, it was not one sided, but he was remorseful and wanted to apologise.

Judge Geoghegan said Tihi had a “clear propensity for violence” and was not suitable for a community-based sentence.

He cancelled Tihi’s existing release conditions and sentenced him to five months’ prison.

Dangerous driving admitted

Napier man John Ashley Sklenars says he drove into the side of a vehicle at The Hub in Whakatāne days after Christmas in an attempt to stop his ex-partner from driving off with his daughter.

Despite pleading guilty this week to dangerous driving and intentional damage, Sklenars contested parts of the summary of facts read aloud by the judge.

Judge Geoghegan said Sklenars had two of his daughters in the car as he drove into the side of the victim’s car on December 27, continuing to ram it as members of the public watched in disbelief.

Sklenars, 43, said he pulled in front of the victim in an attempt to stop her from leaving with their daughter, who he said he had primary care of.

He spoke from the dock to say he and his daughters were in the Eastern Bay on holiday when their mother, who lives out of town, requested to see them.

Sklenars said he consented to her taking them to The Hub to buy Christmas presents, but the victim then tried to leave with their daughter.

After being prompted by the judge, the defendant admitted there was a collision between the two vehicles, but he said the victim ran into him.

Court documents recorded Sklenars as driving a white Mitsubishi Challenger.

“What parents in their right mind expose their children to this?” Judge Geoghegan said. He clarified that his question included the victim.

Sklenars was remanded for sentencing in Napier District Court on June 19. The judge ordered a pre-sentence report.

Bid for no conviction fails

A man who rear-ended the car his partner and child were in three times has failed in a bid to exit the court system without a conviction.

According to the summary of facts, Sando Te Ropiha Anderson, 37, was driving a rental van on Boon Street behind his partner of 20 years, who had their child in the car with her.

Anderson had picked up the Hertz van for use in a school trip the next day, which he was attending in his capacity as a parent.

Judge Geoghegan said the couple had been in a verbal argument prior and when they came to a stop at the intersection of Boon and Pyne streets, Anderson drove into the back of the victim.

They both rolled apart, and he drove into her again.

Anderson rear ended the victim a third time when they had both pulled into a service lane next to Whakatāne District Court. He then drove away.

Judge Geoghegan said no injuries were sustained as a result of Anderson’s actions, but the defendant did not stop to check that.

He described the damage caused to the back of the victim’s car as evidence of a “not insignificant collisions.”

Anderson paid $7125.27 in reparation to the rental company before going to court.

The defendant had no previous convictions.

Defence lawyer Jonathan Kay submitted that the offending was at the lower end of the scale, but Judge Geoghegan disagreed and said the gravity was at a moderate level.

He accepted that Anderson was genuinely remorseful and noted the defendant’s relationship had ended, and his firearms licence had been revoked.

Mr Kay sought a discharge without conviction for his client but the judge did not consider the likely consequences of a conviction to be out of all proportion to the offending.

He noted that Anderson was generally of good character.

Judge Geoghegan considered a sentence of supervision, but Mr Kay submitted that it was not necessary because the defendant was already in counselling.

Anderson was convicted of a representative charge of criminal nuisance. He was convicted and discharged without penalty.

Bail declined

Matatā man Joshua Haze Allen has been remanded in custody for a week after he breached his curfew.

Allen, 33, was arrested this week and charged with breaching community detention.

He was already facing charges of assault on a person in a family relationship and assault of a child, for which he had been remanded on bail.

Judge Geoghegan declined to readmit him to bail this week.

Sentencing adjourned four months

Kawerau man Tetini Tutai is due to be sentenced in August, at which point his fate will rest on whether he has had an alcohol interlock device installed.

Tutai, 24, appeared for sentencing on Wednesday, but concerns were raised with the potential for him to become stuck on a treadmill of disqualified driving offending.

He has pleaded guilty to possession of an offensive weapon, threatening speak and driving while disqualified – his third conviction of the type.

Tutai is currently disqualified from driving until July, at which point he must get an alcohol interlock licence or remain disqualified indefinitely. After he has completed the alcohol interlock programme he must obtain a zero alcohol licence.

Judge Geoghegan declined to hear a verbal application for a further disqualification to be substituted for a community-based sentence (a Section 94 application), but echoed concerns of defence lawyer Lisa Ebber about Tutai’s ability to reinstate his licence.

He remanded Tutai to August 6 for sentencing.

Judge Geoghegan said the court would look favourably upon a Section 94 application if Tutai got the interlock fitted, otherwise he would be disqualified for a year.

Remanded by consent

Te Pounamu Tawhai has been remanded in custody by consent to appear in Manukau District Court next week.

Tawhai was arrested this week for allegedly breaching his bail.

Police opposed his readmission to bail and had not had the opportunity to check a potential address before his appearance.

He is charged with possession of a knife in public, assaulting police and assault with a blunt instrument.

Charges withdrawn

Police have withdrawn two drug charges laid against Fiona Michelle Maaka.

The defendant was accused of possessing both methamphetamine and cannabis, but police said there was an issue with the search and withdrew the charges.

Charges denied

Whakatāne man Adam John Richmond, 37, has denied multiple charges.

He has now pleaded not guilty to three counts of contravening a protection order, speaking threateningly, possession of methamphetamine, possession of a knife in public, possession of utensils for methamphetamine and supplying meth.

Richmond was remanded to early April for a case review hearing.

No bail for burglar

A man arrested for failing to appear in court has been remanded in custody for sentencing in June.

Terangiarahura Broughton pleaded guilty in July last year to a charge of burglary and is due to be sentenced in Tauranga District Court on June 17.

He sought readmittance to bail, which police did not oppose, but Judge Geoghegan declined the request.

Assaults denied

Whakatāne man Taylor Tuhirangi Gordon has denied two assault and speaking threateningly charges.

He was remanded to next week for a bail application.

Charges admitted

Michael Cumming pleaded guilty this week to theft over $1000, possession of a cannabis bong and possession of a meth pipe.

He had already pleaded guilty to possession of cannabis plant for supply and possession of methamphetamine.

He was remanded on his existing electronically monitored bail terms to May 27 for sentencing.

Adjournment for report

The sentencing scheduled for Marama Nahi was postponed this week to allow a pre-sentence report to be completed.

Nahi was due to be sentenced on charges of driving at a dangerous speed, theft, possession of an offensive weapon, disorderly behaviour and two counts of breaching community work.

The judge heard the defendant had not heard from Corrections to be interviewed for the report. When questioned by the judge why she had not contacted them herself, Nahi said she had no good excuse.

Judge Geoghegan thanked her for her honesty.

Her next sentencing is scheduled for April 16.

Sentencing scheduled

A sentencing hearing has been scheduled for Raniera Mason, who admitted charges of common assault and contravening a protection order.

The judge heard Mason works full time as a fencer and has three children.

Judge Geoghegan said one of the children, a baby, was present.

He said the psychological impact of that was as though the child was the subject of the assault.

“You may as well have slapped that child yourself.”

A pre-sentence report and restorative justice were ordered before sentencing on May 27.

Bail declined

A judge has declined Kawerau man Whitiaua Toki Tarei’s application for electronically monitored bail to a residential rehabilitation facility.

Tarei sought his sentencing for a charge of aggravated assault be adjourned for three months to monitor his progress in the programme, had bail been granted.

Judge Geoghegan declined the application and remanded Tarei in custody for sentencing next month.

Bail granted

Edgecumbe man Te Rangi Haeata John Anthony Honana was granted electronically monitored bail this week.

Honana has been accused of threatening to kill, possession of an offensive weapon, assault on a person in a family relationship, escaping police custody, resisting police and two counts of behaving threateningly.

He was remanded to April 30 for a case review hearing.