Pair broke into yard, stole nothing

Kruze Tumarae has been sentenced for his role in breaking into a commercial yard.

Tumarae and another man, who police say is subject to a warrant of arrest, went to an engineering firm in Ōpōtiki and cut a hole in a wire fence.

Judge Melinda Mason said they tried to find items of value but were unsuccessful, except for a trailer generator unit, which they could not push out of the yard.

“But you would have taken it if you could have,” she said.

When police located him for the offending, he was in possession of a meth pipe and cannabis seeds.

The court heard this was Tumarae’s first burglary. Police prosecutor Sergeant Ian Dodds said he did have a criminal history in Australia and the judge acknowledged he had to leave the country, despite his family still being there.

Tumarae spent four-and-a-half months in custody while on remand for the charges.

Lawyer Whare Hika submitted a period of intensive supervision would be appropriate, as recommended by the pre-sentence report.

Judge Mason said she thought intensive supervision would be more effective for Tumarae than release conditions and sentenced him to 12 months.

Tumarae must pay $345 reparation for damaging the fence and the judge ordered the pipe be destroyed.

Sentencing scheduled

Jeffrey Holland has been remanded in custody until the end of July for sentencing on four charges.

Holland pleaded guilty to aggravated robbery, assault with a blunt instrument, demanding with intent to steal and one count of theft.

Police withdrew charges of dangerous driving, unlawfully getting into a vehicle and a second count of theft.

He made no application for bail.

The aggravated robbery conviction is expected to be transferred to Crown prosecutors for sentencing on July 30.

Judge Mason ordered a pre-sentencing report and directed Holland to restorative justice.

Charges admitted, bail granted

Lees Ransfield pleaded guilty to charges of driving with excess breath alcohol and two counts of wilful damage.

He did not enter a plea to a charge of breaching a protection order, with police to consider withdrawing the charge.

Ransfield was granted bail with conditions including not to go within 100 metres of a named address, not to contact the victim and not to consume alcohol.

He was remanded to appear for sentencing next month.

Bulk of charges to go to jury trial

Auckland woman Nolene Bertram, 28, has been sentenced for driving on McGarvey Road while under the influence of cannabis.

Judge Mason fined her $500 for having a level of seven nanograms of the qualifying drug per millilitre of blood. The high-risk level for cannabis is three nanograms.

Bertram was also disqualified from driving for six months.

The charge was one of 15 that she appeared in Whakatāne District Court for this week.

The rest are due to go to trial.

They include Auckland charges of careless driving, theft from a car and using a bank card for pecuniary advantage, for which she will appear in Waitākere District Court on July 9.

Lawyer Steve Franklin confirmed not guilty pleas to other Bay of Plenty charges including driving dangerously, aggravated injury, assaults police, wilful damage, possession of methamphetamine for supply, possession of cannabis for supply, possession of an offensive weapon, possession of a cannabis pipe, possession of equipment for cultivating cannabis, and two counts of illtreating or neglecting a child.

She was remanded to a jury call over hearing in Tauranga on September 12 for the latter charges.

Sentencing deferred

Trevor Parker has been remanded in custody for a further two months after his sentencing was deferred this week.

Parker was due to be sentenced for unlawfully taking a motor vehicle, unlawfully interfering with a motor vehicle and two counts each of burglary and failing to stop for police.

He was remanded in custody until July 25 for sentencing, with the possibility of an electronically monitored sentence to be canvassed in the interim.

Guilty pleas entered

Te Ahu Te Whetu pleaded guilty to charges of assault on a person in a family relationship and threatening to kill.

Te Whetu sought bail and was declined.

He was remanded in custody for sentencing on June 19.

Cannabis grower fined

Richard Hauwaho was fined $500 for growing 16 cannabis plants for his own use.

Lawyer Rebecca Plunket said this was Hauwaho’s first time in court since 2010 and noted that not all the plants were female.

Police prosecutor Sergeant Ian Dodds said the 16 plants were healthy and about 1.5 metres high. He said there was no element of commerciality.

Judge Mason ordered the destruction of any equipment seized by police.

Another case review scheduled

A further case review hearing has been scheduled for Morris Mitchell, who faces arson and assault charges, due to delays by Crown prosecutors.

Mitchell has pleaded not guilty to wilfully setting fire to property/endangering life by fire and assault on a person in a family relationship. He has elected trial by judge alone.

This week, the judge heard that conversations still needed to be had between defence and prosecution, with the Crown needing to review the file first.

Lawyer Rebecca Plunket consented to a further case review hearing.

Mitchell is due back in court on July 31.

Charges admitted

Jeremiah Morrison has pleaded guilty to speaking threateningly and assault with a blunt instrument.

He was remanded to July 11 for sentencing. Pre-sentence reports and restorative justice were ordered.

Jury trial elected

Toatoa man Bonus Ryder, 30, has elected trial by jury on four charges.

Ryder pleaded not guilty this week to assault with a blunt instrument, escaping police custody, common assault and injuring with intent to injure.

He was remanded in custody to July 3.

Driver given a chance

Moerangi Ratana has been given an opportunity to gain a zero-alcohol licence, after spending two years with an alcohol interlock device, before being sentenced.

Ratana appeared for sentencing this week and sought an exemption to a further disqualification under section 94 of the Land Transport Act.

The court heard she had gone to Wellington with a friend and was on the return trip when she was caught behind the wheel.

Lawyer Jonathan Kay said Ratana took over driving when her friend became tired on the Desert Road.

Ratana said she did not know she was eligible to exit the alcohol interlock programme. She was remanded on bail to August to do so.

Immigrant granted mercy by court

A Whakatāne-based immigrant who assaulted his wife’s employer – who sponsored their move to New Zealand – has been discharged without conviction.

Judge Mason said the defendant struck the victim in the left eye area with a closed fist twice.

She heard that the defendant and his wife came to New Zealand on the promise of a very different lifestyle and job than what awaited them.

The judge said she had extensive evidence in the form of text messages regarding the way the victim treated the couple, include threats that he would get them deported.

“I accept there is quite a lot of contexty that reduces the gravity of the offending,” she said, while noting the defendant should not have turned to violence.

She also accepted that a conviction was highly likely to result in the couple being deported, which was out of proportion to the gravity of the offending.

The man and his wife appeared emotional at receiving the sentence.