Man sentenced after partner, toddler assaulted

Whakatāne man Cruz Huata, 27, has been granted home detention on five convictions, which include violence against his former partner and child.

Huata was sentenced at the Whakatāne District Court on Wednesday for assault on a person in a family relationship, assault of a child, injuring with intent to injure, threatening to kill and escaping police custody.

Judge Louis Bidois said the offending happened on three occasions.

The first was when Huata backhanded the victim around the mouth area and slapped his toddler, resulting in charges of assault on a person in a family relationship and assault on a child.

Later, he was celebrating his birthday and told the victim to go to bed, pushing her out of the shed they were in. When she returned, he assaulted her, drew a knife and threatened to kill her.

Judge Bidois said Huata struck the victim multiple times, causing lacerations among other injuries.

He noted the latter offending, which attracted charges of injuring with intent to injure and threatening to kill, was committed on while on bail.

In June last year, Huata escaped from police custody, which the judge said spoke for itself.

Lawyer Kylee O’Connor said Huata was remorseful and had written a letter of remorse. He had an orchard job lined up and his father was helping him look into non-violence courses, she said.

Huata spent eight months in custody on remand for the charges between time he spent on bail.

Judge Bidois set an adjusted sentence start point of three years’ imprisonment and reduced it by one third for mitigating factors.

The sentence was reduced by a further 16 months to account for the time Huata spent in custody on remand.

The eight-month prison sentence was then converted to four months of home detention.

Huata must also pay $500 in emotional harm reparations.

Home detention for two attacks

Turanga Nicholas has been sentenced to home detention for two assaults committed in different years.

Judge Bidois said Nicholas, 36, and the victim were having a heated argument at home in 2023 when he punched her in the arm, grabbed her and pushed her out of the house.

She was injured in the arm, shoulder, head and stomach as a result.

Earlier this year, while he was on bail, Nicholas began arguing with the victim after consuming alcohol. He punched and kicked her all over her body, during which time she lost consciousness multiple times.

Lawyer Paul Devoy said Nicholas and the victim attended restorative justice, which had been a positive process.

Nicholas was sentenced to six months of home detention.

“Cruel” posts punished

Pikowai man Te Haa Sidwell, 28, has been sentenced to supervision for two Facebook posts the judge described as being cruel.

Judge Bidois said the posts targeted victims who were known to the defendant.

Sidwell previously admitted his actions by pleading guilty to two counts of causing harm by posting digital communications.

Judge Bidois said he had thought home detention would be an appropriate punishment for the offending, but he was not aware of the defendant’s mental state.

The court heard Sidwell was neurodiverse and the judge noted unmedicated ADHD, cannabis use and his general attitude as contributing to the offending.

Sidwell was sentenced to 12 months of supervision, and he was ordered to pay $500 in emotional harm reparations to each of the victims.

Judge Bidois warned that he would be going to jail if he offended the same way again.

Whānau land dispute turns violent

Poroporo man Desmond Mclean has been fined $400 for assaulting another man he said was squatting on his land.

Mclean pleaded guilty to charges of assault with intent to injure and threatening to kill, both relating to March 11.

Police withdrew a third charge of dangerous driving.

Lawyer Jonathan Kay said the offending related to a dispute on whānau land, where the victim was alleged to have been squatting, being abusive and doing drugs.

Mr Kay said Mclean accepted he could not take the law into his own hands, but he was at the end of his tether.

The defendant has no previous violence convictions and has not been before the courts in 10 years. He has since taken steps to manage his anger.

Judge Bidois said the victim suffered a bleeding nose and dizziness, in addition to psychological impacts.

Mclean was ordered to pay $400 in fines and $200 in emotional harm reparations.

Intoxicated driver fined

Ben Hillman has been fined $850 after being caught driving with excess breath alcohol for the third time.

The court heard Hillman, a kiwifruit worker, was driving in central Whakatāne late on a Saturday or early on a Sunday when he was found to have a breath alcohol level of 724 micrograms.

The legal limit is 250mcg.

Hillman was also disqualified for a year and a day.

No disqualification for driver

Matiu Karepa has been sentenced to community work in lieu of a further disqualification for driving while disqualified and failing to stop for police.

He pleaded guilty to both charges, and his lawyer signalled the intention to apply to have the standard disqualification substituted for a community-based sentence.

The court heard Karepa had not been before the courts for six or seven years, and he surrendered himself to police when he heard they were looking for him.

Judge Bidois opted to sentence Karepa immediately by way of 80 hours of community work and two fines.

Karepa was fined $450 plus costs for driving while disqualified and a further $350 for failing to stop for police.

Resolution reached

Police have withdrawn a charge and amended five others laid against Robert Davies.

A charge of possession of an offensive weapon was withdrawn and five counts of unlawful possession of a firearm were amended to possessing a firearm without a licence.

Davies pleaded guilty to the amended charges in addition to cultivating cannabis, unlawful possession of ammunition, three counts of unlawful possession of a pistol, unlawful possession of a prohibited firearm and obstructing police.

He was remanded to July 25 for sentencing.

Charges denied

Tawera man Katiana Thrupp has been remanded in custody to July after he denied multiple charges this week.

Thrupp pleaded not guilty to threatening to kill, injuring with intent to injure, possession of an offensive weapon and two counts of assault with a blunt instrument.

Indecent act denied

Gisborne man Mathew Mckibbon has maintained his innocence regarding a charge of acting indecently in a public place.

Court documents state that Mckibbon, 46, committed the indecent act on Otarawairere walkway in January.

He was remanded on bail to a date in late August for a jury callover hearing.

Judge Bidois varied a bail condition forbidding Mckinnon from going to reserves to allow him to go hunting for game.

He declined to vary it further to allow Mckinnon to go fishing.

Quick sentencing

Ōpōtiki man Aztec Te Kuru-Reid has been sentenced for common assault, just a day after the offence occurred.

Te Kuru-Reid, 32, appeared in court from police custody. He was represented by a duty lawyer who said she was hesitant to advance a bail application, given that police opposed bail.

Judge Bidois put the charge to the defendant, received a guilty plea and proceeded with sentencing, which saw Te Kuru-Reid released.

The judge said the defendant grabbed the victim by the arms and pulled her, then shoved her in the torso.

Court documents said the assault happened on Tuesday.

Te Kuru-Reid was sentenced to 100 hours of community work.

Mixed pleas

Lamuel Herbert has admitted three charges of shoplifting and denied two others.

He will be sentenced for the shoplifting on June 11 and will appear for case review in July for charges of burglary and unlawful taking.

Man appears on violence charges

Wiremu Moeke appeared by audio visual link on multiple violence charges, which are being prosecuted by the Crown.

Moeke has been charged with wounding with intent to cause grievous bodily harm, aggravated robbery, injuring with intent to cause grievous bodily harm, indecent assault of a female and breaching his release conditions.

He is due back in court on June 11.

Shoplifter jailed

Whakatāne man Christopher Allen has been imprisoned for various dishonesty offending.

Allen appeared by audio visual link from custody, charged with three counts of burglary, shoplifting, behaving threateningly, possession of cannabis, possession of a utensil for cannabis and breaching community work.

Police withdrew both drug charges and amended one burglary charge to shoplifting.

Allen pleaded guilty to the amended and remaining charges.

Lawyer Jonathan Kay said Allen was of no fixed abode and the initial burglary occurred on November 14 at The Warehouse.

He entered a cage outside the building and lifted packages out to another person.

Mr Kay said Allen accepted he would be receiving a custodial sentence, and he requested that a prior community work sentence be converted to more prison time.

Judge Bidois said Allen had an extensive history but acknowledged that a lot of it was for survival due to him living on the streets.

Allen was sentenced to 14 months’ imprisonment, including an additional month for the unfinished community work hours.

Leave for substitution of the sentence was refused, with time he had already spent in custody to be credited.

Allen was also ordered to pay a total of $205 in reparations.

Defendant not likely to reoffend – lawyer

Manukorihi Pouwhare has been sentenced to 120 hours of community work for charges of common assault and being unlawfully in an enclosed yard.

The court heard Pouwhare had gone to the address to sort out problems a family member was facing, but a fight broke out.

Lawyer Paul Devoy noted that he had not been in trouble for five years.

“I don’t think we will see him back here again.”

Driving charge admitted

Whakatāne man Isaac D’Aubney has admitted a second charge of driving while disqualified.

He appeared for sentencing on the original driving while disqualified charge, seeking to avoid a further disqualification.

Judge Bidois said the new charge complicated things and remanded him to reappear in July.

Further case review scheduled

Nathan Ngoungou has had another case review hearing scheduled to allow his lawyer time to consider a charge he was not aware was before the court.

Ngoungou has been charged with assault on a person in a family relationship, speaking threateningly and offensive or disturbing use of a telephone.

He was remanded to July for a further case review hearing.