Gun pointed at victims

A young man who pointed a gun at four victims and was the perpetrator of a drive-by style shooting has been sentenced to home detention.

Eastlee Gemmell, 24, was sentenced in Whakatāne District Court on Wednesday on charges of threatening to kill, discharging a firearm to intimidate and three counts of presenting a firearm.

The court heard that Gemmell grew up in a large whānau entrenched in gang culture and there was a gang context to the offending.

Defence lawyer Leonard Hemi said the defendant was heavily influenced by others to obtain the firearm and confront the victims.

He acknowledged that it might be a stretch for the judge to reach an end sentence of home detention but submitted that it would be the most appropriate sentence.

Mr Hemi asked that Gemmell’s youthful vulnerability be acknowledged and mitigated, despite his age and “extensive” history.

He also sought a discount for Gemmell’s compliance on electronically monitored bail, which he said was stricter than the conditions of home detention.

Gemmell spent 17 months on electronically monitored bail with no breaches, Mr Hemi said.

“That is pretty remarkable for someone with his background.”

Gemmell also became a father during his time on remand, which Mr Hemi said had become a key motivator for positive change.

Judge Bidois said Gemmell, who was 23 at the time of the offending, was vulnerable and susceptible to older gang members.

Untreated ADHD, substance abuse, trauma and a gang nexus were identified as contributing to the offending.

Gemmell was assessed as being at a high risk of reoffending.

The judge said the defendant had displayed genuine remorse by writing letters of apology and offering to pay emotional harm reparations.

He said there were strong mitigating factors and set a sentence start point of 50 months’ imprisonment.

The sentence was reduced by 45 percent for mitigating factors, and a further 10.5 months for time Gemmell spent on electronically monitored bail and in custody on remand.

Gemmell was sentenced to eight-and-a-half months’ home detention and six months of post detention conditions.

He must pay $600 emotional harm reparation to each of the victims.

Judge Bidois said sending Gemmell to jail would be a huge step backwards and noted that the defendant’s compliance on bail was a major factor in his decision.

Fraud charges to be tried by jury

A jury trial for an Eastern Bay woman accused of a raft of frauds is expected to take multiple days.

The woman, who has interim name suppression, has been charged with forgery, obtaining by deception, using forged documents, three counts of other miscellaneous frauds and four counts of using a document for pecuniary advantage.

The court heard that more than 20 witnesses are expected to be required for the trial.

The defendant was remanded on bail to October for a jury callover hearing in Tauranga.

Community work for police assault

A man who assaulted a police officer by kicking a car door onto her, has been sentenced to 140 hours of community work.

Logan Whyman pleaded guilty this week to charges of assaulting police and resisting police.

Judge Bidois said the police were at Whyman’s property to assist with an unfolding situation when the defendant resisted arrest and assaulted another officer.

He was given the opportunity to read the victim impact statement and write a letter of apology.

“It has an effect, even on police officers,” Judge Bidois said.

Man fined over door

Torere man Dylan Flowers has been fined $300 and sentenced to 80 hours’ community work for wilfully damaging a door.

Flowers, 26, appeared in Whakatāne District Court from police custody after being arrested for an alleged breach of bail.

He was readmitted to bail on a raft of serious charges being prosecuted by the Crown in Christchurch.

Judge Bidois removed a reporting clause from the bail conditions and added that Flowers was not to offer violence or leave the Bay of Plenty except to attend court.

Interim suppression ahead of trial

A Tikitere man has pleaded not guilty to four charges and elected trial by jury.

The defendant denies charges of threatening to kill, strangulation, assault with intent to injure and assault on a person in a family relationship.

He appeared before the court on the charges for the first time this week.

Judge Bidois granted interim name suppression and remanded him on bail for a case review hearing in September.

Charges denied

Hauraki Matenga-Ashford pleaded not guilty to charges of common assault and breaching a police supervision order.

The self-represented man told the judge he would like a trial date.

He was remanded to a case review hearing date in August.

Drunk, disqualified driver sentenced

Fola Sone has received a combined punitive and rehabilitative sentence for driving with excess blood alcohol while he was disqualified.

Lawyer David Pawson said the defendant was indefinitely disqualified from driving and he had been taking steps to lift the disqualification, but he would prefer to be dealt with quickly by the court.

He accepted that meant he would receive another disqualification rather than a potential interlock licence.

Judge Bidois said Sone only had three convictions in his history and they were all related to drink driving in the past 10 years.

He said character references submitted to the court spoke highly of him but warned that he would lose his liberty if he continued to offend.

Sone was sentenced to 150 hours of community work and nine months of supervision. He was disqualified from driving for a year and a day, and he must pay $115 in lab test fees.

Man urged to find privacy

Whakatāne man Te Maunganui Singh-Lagah has been jailed for four months after he performed an indecent act in the yard of a Whakatāne business.

Singh-Lagah, 30, pleaded guilty to charges of indecent act and being unlawfully in an enclosed yard.

Judge Bidois said the defendant’s actions were captured on video and caused some concern.

He urged Singh-Lagah, who has no listed home address, to find more privacy.

Jury trial elected

A previously scheduled judge-alone trial has been vacated in favour of a jury trial for Johnny Onekawa.

The defendant pleaded not guilty to a charge of wounding with intent to injure last year.

Acting lawyer Celine Shao said no election was made when Onekawa entered the plea and he would now like to proceed to a jury trial.

Judge Bidois granted the application, given there was sufficient time to assign other work to the now vacant trial date in October.

Onekawa was remanded to another date in October for a jury callover hearing in Tauranga. His bail continues.

Prison term for assault

David Leef has been sentenced to seven months’ imprisonment for charges of assault with intent to injure and breaching community detention.

The defendant was serving a community detention sentence when he assaulted the victim.

The judge said, according to the police summary of facts, Leef pushed the victim over, punched her and struck her multiple times.

Lawyer Paul Devoy said Leef admitted he punched the victim once, but he disputed that there was any further violence.

Sentence to facilitate progress

Rayleen Ronaki has been sentenced to community detention to allow her to continue her progress at residential rehabilitation.

Ronaki, 46, appeared in court via video call from the Grace Foundation, where she has been receiving treatment while on remand for charges of possession of an offensive weapon and two counts of unlawful possession of a firearm.

A pre-sentencing report recommended the defendant be sentenced to home detention, but lawyer Rebekah Webby submitted that community detention would best support her progress at rehab and allow her to carry out her responsibilities there.

Judge Bidois said Ronaki’s offending in the past decade had all been linked to methamphetamine and she was not ready to return home to the Bay of Plenty.

She had been diagnosed with severe cannabis and methamphetamine use disorders.

The judge set a sentence start point of 27 months’ imprisonment and reduced it by 40 percent to reflect Ronaki’s guilty plea, motivation to change and addiction.

He reduced it further to account for time she spent in custody to two months’ imprisonment, which was then converted to community detention.

The end sentence was two months of community detention and 12 months of intensive supervision.

Time served

Ngata Hauwaho has been released from custody on a sentence of supervision.

Hauwaho was sentenced this week for charges of threatening to kill, driving while disqualified, driving dangerously, wilful trespass and failing to remain stopped for a police safety order.

Judge Bidois said the victim was left shaken and scared.

He sentenced Hauwaho to eight months’ imprisonment but noted that because of the time the defendant spent in custody, he would be at time served, so converted the sentence to 12 months’ supervision.

Hauwaho was disqualified from driving for six months and must pay $300 in emotional harm reparations.

Sentence converted

A 19-month prison sentence has been converted to home detention on an application by Phillip Tarei.

The defendant was sentenced previously for charges of assault with intent to injure and contravening a protection order.

He has completed five months of his sentence.

The remainder was converted to six months’ home detention.

Water spill triggered assault

Te Ahu Te Whetu has been sentenced to home detention for cultivating cannabis, assault on a person in a family relationship and threatening to kill.

The court heard that Te Whetu, 34, punched the assault victim multiple times until she escaped and ran down the driveway, when he threatened to run her over if she came back.

Judge Bidois said the assault was triggered by the victim accidentally spilling some water on Te Whetu while he slept.

Lawyer Paul Devoy said it was the defendant’s opinion that the water was deliberately poured on him because there was too much for it to have been an accident.

A few months prior, police carried out a search warrant at Te Whetu’s address and found 19 cannabis plants of various sizes in addition to more than 100 clones.

Te Whetu was assessed as being a medium risk of reoffending.

He was sentenced to six and a half months of home detention.

Driver disqualified

Cameron Howard has been sentenced to supervision for driving with excess breath alcohol and behaving threateningly.

Judge Bidois said Howard’s breath alcohol level was moderate and his last conviction for drink driving was in 2007.

He heard that factors in the defendant’s personal life, including a terminally ill family member, caregiving obligations and an injury meant community work would be difficult.

Howard was sentenced to 12 months’ supervision and was disqualified from driving for 12 months and a day.

He was fined $300 plus court costs and must pay $200 in emotional harm reparation.

Rehabilitative sentence

Miro Chase has been given a rehabilitative sentence of supervision to support him through difficult life circumstances.

Chase pleaded guilty this week to possession of cannabis, breaching community work, two counts of shoplifting and two counts of breaching bail.

The judge heard that Chase stopped doing his community work because his partner was ill in hospital and required surgery.

He said he was juggling caring for his partner and the three children in his care, so the community work sentence fell to the side, but told the judge that he would prioritise it going forward.

Judge Bidois told Chase that his priority should be caring for his partner and family. He cancelled the sentence of community work.

Lawyer Kylee O’Connor said the shoplifting charges arose from Chase trying to feed his children. She said his benefit had been cut and he had no luck at the food bank, so he went to Pak’nSave.

Chase was sentenced to six months’ supervision and was ordered to pay $372.61 in reparations.

He was remanded to August for a case review hearing on a separate charge of burglary, which he denied.

Repeated phone calls punished

David Rawiri has been ordered to complete 100 hours of community work for breaching a protection order by making repeated phone calls to the victim.

In addition to the community work, Rawiri must also pay $250 in emotional harm reparations.

Series of petrol drive offs

Lethen Ryder has been sentenced for six petrol drive offs.

The defendant pleaded guilty to the six theft charges and an additional charge of driving while disqualified this week.

Ryder was sentenced to 140 hours of community work, cumulative to 54 hours outstanding from a previous sentence. He was ordered to pay $344 in reparation for the two highest value thefts, which he had immediately available.

He was remanded to reappear in October on the disqualified driving charge to make an application to not be further disqualified.

Charges admitted

Detroit Tumai has pleaded guilty to five charges transferred to Whakatāne from Hamilton District Court.

Tumai admitted assault with a blunt instrument, burglary, breaching district court bail, breaching community work and breaching supervision.

Judge Bidois said a pre-sentencing report was required.

Tumai was remanded on bail to be sentenced in September.

One-way ticket booked

Rebeka-Ripeka Tawera has been fined for a raft of charges ahead of a move to Australia.

Tawera pleaded guilty to careless driving, common assault, theft, threatening to kill a police officer, driving while suspended and two counts of breaching bail.

The theft related to a $750 watch, which was subsequently recovered.

Lawyer Kylee O’Connor said community work sentence would be an issue for Tawera because she had a one-way ticket booked to Brisbane this month.

Judge Bidois disqualified her from driving for six months and fined her a total of $900 plus court costs. Tawera must also pay $250 in emotional harm reparations to the victim of the assault.