Fourth breach of protection order

Whakatāne man Dylan Fisher has been sentenced for making repeated unauthorised contact with an ex-partner, who has a protection order against him.

Fisher, 35, pleaded guilty to a charge of contravening a protection order in Whakatāne District Court on Wednesday.

Lawyer Kylee O’Connor said Fisher and the victim were in mutual contact after he was released from prison, a sentence imposed for other breaches of a protection order and additional offending.

The relationship then deteriorated, and the victim cut contact with Fisher. He responded by continuously ringing her phone.

Court documents state the offending occurred between April 2 and 10.

Ms O’Connor said the defendant was attempting to find out why the victim cut contact with him. He accepted that he became abusive.

She said Fisher stopped attempting to contact the victim once a friend told him why she no longer wanted to speak to him.

A sentence to come up if called upon was sought.

Judge Paul Geoghegan said that was “way off.”

He said Fisher had received supervision and two prison sentences for previous breaches, and he was clearly not getting the message.

“With the greatest respect, he’s not 10.”

The judge questioned Fisher about how he thought his son would feel about learning that he had called his mother a “lesbo.”

Judge Geoghegan said that in 20 years presiding over the Family Court, he knew that all kids want to see between their parents was kindness, caring and courtesy.

Fisher said he was not interested in the victim anymore, but he did care about his son. A letter of remorse addressed to the victim was submitted to the court.

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

Judge Geoghegan said prison would not help Fisher.

Trial election changed

A defendant accused of nine indecent assaults has opted to be tried by judge alone.

The man, who has interim name suppression, originally elected a jury trial after pleading not guilty to the charges. Lawyer Steve Franklin applied to have the election vacated and replaced with a judge alone trial.

The defendant was not present in court this week for medical reasons.

The case was remanded to a nominal date in Tauranga District Court in November.

Mr Franklin said the facilities at Whakatāne District Court would not be able to accommodate a trial of this nature, so it was accepted that it would need to take place in Tauranga.

He sought that name suppression continue until trial because of the defendant’s lack of criminal history, age and stage of life.

Prosecutor Laura Clay said the Crown was neutral on the application but sought that a hearing be held to allow submissions to be filed.

A hearing was scheduled in September.

Charges denied

Hoani Postlethwaite has denied several burglary allegations.

He appeared in court on Wednesday facing six charges of burglary, and one each of obtaining a document for pecuniary advantage, breaching supervision and breaching community work.

Postlethwaite was remanded in custody to the end of next month for a case review hearing, but he has a hearing scheduled in two weeks to make an application for electronically monitored bail.

Further remand

Tawera man Katiana Thrupp has been remanded in custody to next month for another hearing.

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

Serious charges denied

Several serious charges ranging from threats to assault and rape have been denied by Daniel Te Kani.

The defendant appeared in court from police custody.

He pleaded not guilty to assault on a person in a family relationship, strangulation, unlawful sexual connection, rape, threatening to kill and two counts of threatening to cause grievous bodily harm.

A jury trial was elected.

The charges were said to be historic, with the allegations dating back multiple years.

Te Kani applied for bail, which was opposed by police. Judge Geoghegan granted bail with conditions that Te Kani is not to associate with a named complainant and witness. He must also not go to Ōpōtiki except to attend court.

Te Kani was remanded on bail to reside outside of the Bay of Plenty until mid-October. His attendance was excused for the hearing at Ōpōtiki District Court.

The defendant pleaded guilty to a charge of possession of cannabis, which was on him when he was arrested last week. The charge will be carried through to the next date.

Bail granted

Arthur Toman has been readmitted to bail despite opposition by police.

Toman has denied charges of robbery and threatening behaviour, for which he is due back in court next month.

He was arrested last week after breaching a curfew condition of his bail.

Judge Geoghegan readmitted Toman to bail to a different address in Tāneatua.

Mutual contact leads to arrest

Joseph Iki has been readmitted to bail ahead of a case review hearing in Tauranga.

Iki was arrested for contacting the complainant of alleged offending by text.

Duty lawyer Rebecca Plunkett said the prosecution and defence agreed to Iki being readmitted to bail on the condition that he didn’t possess a cell phone or access social media.

Judge Geoghegan said the contact by text was mutual and the defendant should not carry all the responsibility.

He opted not to impose the new proposed condition and readmitted Iki to bail on the same conditions he was already subject to.

No memory of offending

A man who suffered a traumatic brain injury in May has no recollection of the offending for which he has been charged.

The defendant, who The Beacon has chosen not to name, appeared in court on Wednesday charged with assault on a person in a family relationship and threatening to kill or cause grievous bodily harm.

Defence lawyer Steve Franklin said the defendant self-discharged from Waikato Hospital against medical advice, the alleged offending then occurred, and he was put back in medical care following his arrest.

The defendant continues to receive rehabilitative treatment.

Mr Franklin said the man suffered from post-traumatic amnesia and does not remember the events that occurred, raising an issue with men’s rea (mental state of a defendant).

Not guilty pleas were entered to both charges, and the man was remanded on bail for two months for a case review hearing.

Charges denied

Te Teko man Kent Robinson-Bache has pleaded not guilty to two charges.

Robinson-Bache, 35, appeared for the first time this week charged with contravening a protection order and assault on a person in a family relationship.

He has elected to be tried by judge alone and was remanded on bail to appear for a case review hearing next month.

Judge-alone trial elected

Lance Robinson pleaded not guilty this week to charges of selling cannabis, common assault, indecent assault of a female aged 12-16 and threatening behaviour.

He appeared via audio-visual link and entered the pleas after speaking to his lawyer.

Robinson elected trial by judge alone. He was remanded in custody to early September for a case review hearing.

Readmitted to bail

Heremaia Karaitiana has been readmitted to bail after being arrested for an alleged breach of curfew.

He was remanded to appear in Rotorua District Court next month for a case review hearing.

Man to complete community work

An application taken by Tamati Douglas to cancel his sentence of community work has been withdrawn.

Douglas pleaded guilty to breaching his 40-hour community work sentence.

Duty lawyer Whare Hika said Douglas works full time and unexpectedly gained care of his children at the end of last year, which contributed to his non-compliance.

Douglas received the sentence in Whakatāne but has since relocated to Rotorua and works 12-hour shifts in Taupō.

Judge Geoghegan said Douglas was capable of working full time and completing the remainder of his sentence.

Probation confirmed that community work was available in Rotorua on the defendant’s day off from work.

“I’m not going to ask you to do the impossible, but I am going to ask you to do what’s hard,” Judge Geoghegan said.

Douglas was convicted and discharged without penalty for the breach.

Defendant urged to comply

George Rowlands has pleaded guilty to charges of breaching community work and intensive supervision sentences.

The court heard that Rowlands relocated to Whakatāne from Gisborne recently and had 68 hours remaining on his community work sentence.

Acting lawyer Kylee O’Connor said Rowlands had re-engaged with the intensive supervision, but not the community work.

She said he was anxious around people, which was part of the reason he had not gone to community work, but he accepted prison would be worse for him.

Judge Geoghegan urged Rowlands to crack on with it and sentencing was adjourned to mid-October to monitor his compliance.

Therapeutic intervention

Corrina Kohe has had a community work sentence cancelled and replaced with 12 months’ supervision.

She was convicted and discharged without penalty of breaching her community work sentence.

Compliance to be monitored

Riini Akurangi has been granted a remand of nearly three months to monitor her compliance with a community work sentence.

Akurangi pleaded guilty this week to breaching community work.

She has completed 19 hours since February and had 81 outstanding.

Duty lawyer Rebecca Plunkett said Akurangi had reported to community work four times since the end of May.

Judge Geoghegan said community work was a simple contract with the community.

“If you don’t do it, you go to prison.”

Akurangi was remanded to October 8 for sentencing, with a warning that if she had not completed her hours, she would go to prison.

Remand without plea

Kawerau man Tawhio Ngaheu, 33, has been remanded without plea on four charges.

Police have charged him with theft, possession of methamphetamine and two counts of possession of a meth pipe.

Judge Geoghegan dismissed a charge of burglary.

Trial scheduled

A judge alone trial has been scheduled in November for George Himiona, who has pleaded not guilty to strangulation and assault on a person in a family relationship.

Another case review required

Matthew Gillard’s case has been remanded for a month to allow for more conversations to be had between defence and prosecution.

Gillard has denied burglary and being unlawfully in an enclosed yard.

Sentencing adjourned

Kayden Harawira was due to be sentenced this week for three violence charges, but issues with a proposed home detention address caused it to be adjourned.

Harawira was remanded to August 22 for sentencing on charges of injuring with intent to injure and two counts of common assault.

Driver sentenced

Haupapa Timoti, 36, was sentenced to six months’ community detention for breaching community work and driving while disqualified.

The court heard he had not completed any of the 50-hour community work sentence he received last June for driving with excess breath alcohol.

Living out of town and being disqualified from driving were said to be reasons he had not made progress on the sentence.

Timoti was stopped by police on Paroa Road earlier this year and was found to be driving while disqualified. He is disqualified from driving until December.

Judge Geoghegan invoked Section 94 of the Land Transport Act to avoid extending that period. Two months of the six-month sentence account for the lack of further disqualification.

The sentence also included accommodations for $2864.17 in remitted fines.

Address to be checked

Sentencing of Hahipene Heihei was adjourned for a month to allow Corrections to obtain consent from the occupants of a proposed home detention address.

Heihei was due to be sentenced for charges of theft, unlawfully taking a motor vehicle, receiving stolen property and breaching bail.

The proposed home detention address is in a blackspot, which would require monitoring by Probations to be retroactive.

Defence lawyer Kylee O’Connor submitted that community detention would be appropriate, but Judge Geoghegan said he could not reach that without diluting the sentence – starting at imprisonment – too much.

“This is serious offending, but I don’t think you’re a danger to the public,” the judge said.

“I don’t think you should go to prison if there is a reasonable alternative.”

He adjourned the sentencing to August 22 but noted that another judge might look at it differently.

Slides land man in court

A man charged for wearing a pair of slides with Head Hunters gang insignia will be defending himself at trial.

Isaiah Tai previously pleaded not guilty to the charge of prohibited display of gang insignia and applied for legal representation through legal aid.

He told the judge this week that his application was denied due to the charge not being serious enough.

Tai will proceed to a judge alone trial, with his next appearance scheduled in November.

He confirmed a guilty plea to a separate charge of breaching bail.