Whakatāne man Stallone Harawira has offered a personal apology to the constable whose custody he escaped from at a previous court appearance.

“Sorry Deano. Sorry Marty for doing the dirty on you. I hope yous forgive me. I’ve been around a while … my bad.”

The constable accepted the apology. His colleague was not present in the courtroom to hear it himself.

Harawira, 34, pleaded guilty in Whakatāne District Court on Wednesday to escaping police custody – his third conviction of the type – and burgling Too Pretty.

Judge Louis Bidois said Harawira smashed a glass panel to enter the retail store and cut himself on the way in, leaving blood behind. The defendant stole two bottles of Jakob Carter perfume.

Harawira appeared in court by audio-visual link, and a date was initially scheduled in two weeks for an application to be made for electronically monitored bail, but Harawira spoke for himself to request a sentence indication.

He then entered guilty pleas after speaking to lawyer Steve Franklin.

Mr Franklin said the defendant wrote a letter of apology to the constable and his colleague, but it was with him at the prison and so he wanted to address them verbally.

Harawira had also written an apology letter to Too Pretty, but it was in the possession of his partner.

Mr Franklin said the partner became hōhā when Harawira decided to “take the medicine” rather than pursue bail, left the court, and took the letter with her.

Judge Bidois sentenced Harawira to 12 months’ prison with no leave to apply for home detention. He must pay $300 in reparations.

The judge described Harawira as an escape artist and warned him that further escape efforts could result in more security measures needing to be put in place at court.

Driver causes $21,000 vehicle damage

Recidivist drink driver Basil Herewini has been sentenced to nearly two years in prison after taking his brother’s Great Wall ute and crashing head-on with another road user.

Herewini, 61, appeared for sentencing on charges of driving while disqualified, driving with excess breath alcohol, careless driving and unlawfully taking a motor vehicle.

The court heard that he had a breath alcohol level of 527 micrograms (the legal limit is 250 micrograms), and these were his 12th and 11th convictions for drunk driving and disqualified driving respectively.

Judge Bidois said the defendant’s alcohol level at the lower end of the scale was an indication that he had likely had a sleep before taking the ute without permission.

Herewini had spent the afternoon drinking with his brother. At about 6.30am the following day, he was driving on The Strand and turned onto Wairere Street, crossing the centreline as he did so and colliding with another vehicle.

The crash caused significant damage to the front of the other vehicle.

Judge Bidois said Herewini’s explanation for being on the road was that he was going for a swim.

Defence lawyer Paul Devoy said the defendant was aware that prison was a distinct possibility but asked the judge to consider home detention, submitting that Herewini was ready to change his ways.

Prosecutor Jasmyn Pearson said police supported a sentence of imprisonment.

She described Herewini as a recidivist drunk driver who needed to be kept off the road.

He had been indefinitely disqualified from driving since 1990, and Ms Pearson said he had not made any effort to do better.

Judge Bidois said the offending was a continuation of previous behaviour by Herewini and noted that the victim had to purchase a new vehicle because theirs was so severely damaged.

It took seven months for Herewini to plead guilty.

He was sentenced to 22 months’ prison without the possibility of applying for home detention. Herewini will then be subject to six months of release conditions.

Reparations totalling $21,728.27 were ordered – $14,999 for the brother’s vehicle and $6729.27 for the other vehicle.

Bail declined

Whakatāne man Tommy Taitapanui has been denied electronically monitored bail.

The application had been opposed by both Crown and police prosecutors.

Taitapanui has pleaded not guilty to charges of committing a burglary with a weapon, being armed with the intent to commit burglary, and three counts of burglary.

He is yet to enter pleas on charges of burglary, possession of methamphetamine, possession of utensils for meth, possession of cannabis and two counts of possession of an offensive weapon.

He was remanded in custody to October 17 for a case review hearing.

Man hit with hammer

Ōpōtiki woman Jennifer Whakatihi has been jailed for 19 months for a raft of offending, which included her hitting a man in the head with a hammer.

Judge Bidois said Whakatihi, 26, and the victim were in Ōpōtiki when he woke up to her yelling and screaming.

As he got into his car, the defendant grabbed a hammer from the shed, waved it around and hit him in the side of the head. She hit him a second time on the arm, cutting it.

The victim had to flee.

The judge said Whakatihi was a high risk of reoffending and had suffered the effects of drugs and alcohol, which she used to cope with her childhood.

Whakatihi received the prison sentence for charges of assault with a blunt instrument, refusing to undergo a compulsory screening test, breaching police bail, wilful damage, behaving threateningly, driving while suspended, and two counts each of common assault, careless driving and unlawfully taking a motor vehicle.

Leave was granted for her to apply for home detention at a residential rehabilitation facility.

Man sentenced for tackling ex, throwing phone

Kawerau man Michael Collier, 35, has been fined and will be subject to a protection order for his actions in the wake of a relationship break up.

Collier pleaded guilty this week to assault on a person in a family relationship and two counts of intentional damage.

The charges relate to two separate dates – July 10 and August 14.

In August, Collier went to the victim’s house at about 8.30pm.

Judge Bidois said when the victim tried to ring police, Collier threw the house phone.

When she tried a second time, Collier tackled her to the ground and punched a mirror.

His children’s grandmother stepped in to resolve the situation and Collier then grabbed her. No charges were laid in relation to the grandmother.

The judge said Collier’s behaviour was “pretty poor”, particularly because his children were present. He said the children were distraught.

Duty lawyer Leonard Hemi said Collier accepted he had behaved badly, and he had since engaged in counselling, written a letter of apology and offered to pay reparations.

The lawyer said the context to the offending was that Collier’s relationship with the victim had ended, and there was some suggestion that he would not get to see his kids.

He noted that the offending was out of character for the defendant, who had no history of similar offending. Mr Hemi submitted that it did not meet the threshold for a protection order to be issued.

Judge Bidois said that it was not a one-off, because in July Collier went to the address and damaged a door of the victim’s car.

He ordered the protection order sought by police, and fined Collier $1000 plus court costs.

Collier must also pay $200 in emotional harm reparations and $500 in reparations for the door and phone.

Restorative justice directed

Jamie Mills has been remanded for sentencing on October 23 for charges of assault with intent to injure and wilful damage.

Police withdrew additional charges of injuring with intent to injure and impeding breathing or blood circulation.

Judge Bidois ordered a referral to restorative justice.

Charges denied

Lane Walker-Foreman has pleaded not guilty to charges of assault on a person in a family relationship and three counts of unlawful possession of a firearm.

He entered no plea to a charge of threatening to kill.

Judge Bidois granted Walker-Foreman electronically monitored bail and remanded him to reappear before the court on November 12.

Immediate guilty plea

Young Hamilton man, Mihaka Franklyn, has been sentenced just two days after being caught by police in a stolen ute.

Franklyn, 21, appeared from custody on charges of unlawfully interfering with a motor vehicle and receiving stolen property.

He pleaded guilty to both.

According to court documents, Franklyn interfered with a Mazda Bounty ute in Hamilton on July 18. On Monday this week he was found in Whakatāne in a stolen 2007 Ford Ranger.

Judge Bidois said efforts were taken to disguise the Ford Ranger, which had been stolen two weeks earlier.

Lawyer Rebecca Plunket said Franklyn waived his right to a pre-sentence report and sought a short prison sentence be imposed on Wednesday.

She submitted that a start point of eight months was appropriate, with a small uplift for previous offending and discounts for the defendant’s immediate guilty plea and significant remorse.

She noted that Franklyn was still relatively young.

Judge Bidois said the opportunity for youth discounts was long gone for Franklyn, who had already received multiple prison sentences and was considered a high risk of reoffending.

From a 12 month start point, the judge applied a 25 percent discount for the defendant’s guilty pleas.

Franklyn was sentenced to eight months’ prison with no leave to apply for home detention.

A supporter shouted out their love for the defendant as he was led back into the court cells.

Home D precluded

Te Teko man Hahipene Heihei has been sentenced to 18 months’ prison for charges of unlawfully taking a motor vehicle, driving while suspended, receiving stolen property and breaching district court bail.

The court heard that he had been located with a $50,000 Toyota Hilux four days after it was reported missing, with no registration, no number plates, and the VIN number had been removed.

The unlawful taking related to a $12,500 Toyota Landcruiser.

In addition to the prison term, Heihei must pay $800 in reparations for diesel he stole. He was disqualified from driving for six months and will be subject to release conditions for six months upon his release.

Judge Bidois said Heihei was being remanded in custody on other charges of unlawful possession of a prohibited firearm and theft from a car, and that precluded a sentence of home detention.

On these charges, Heihei pleaded not guilty and was remanded to October 31 for case review.

Sentencing scheduled

Carlo Gavin pleaded guilty to threatening to kill a woman whom he believed was supplying methamphetamine to his stepdaughter.

Police withdrew a charge of burglary.

Judge Bidois said Gavin told the woman he was going to get a gun and shoot her.

Prosecutor Jasmyn Pearson described the incident as terrifying for the victim and her children, who were present. She said the defendant was unknown to them except through his partner and the school.

Lawyer Kylee O’Connor said Gavin was now 16 days sober from meth and accepted he should have approached the situation in a very different way.

He wrote a letter of remorse and is attending counselling.

Judge Bidois said Gavin was doing well and urged him to “stay on the waka.”

Restorative justice was directed and sentencing was scheduled for October 23.

Further case review in mens rea case

A further case review hearing has been scheduled to allow both defence and prosecution to review documents in a case where a mens rea defence is being pursued.

The defendant, who The Beacon has chosen not to name, has pleaded not guilty to charges of assault on a person in a family relationship and threatening to kill.

Defence lawyer Steve Franklin said the defendant had no recollection of the offending because he was suffering from a traumatic brain injury at the time.

He said the man self-discharged from hospital against medical advice after waking from a five-day coma and was returned to hospital following his arrest.

He has been receiving ongoing treatment since.

Mr Franklin said the defence came down to a lack of mens rea (the defendant’s intention or knowledge of wrongdoing), which is an essential part of proving criminal responsibility.

He said more medical information had been provided to police prosecutors the day before court and acknowledged they would likely need time to review it.

Prosecutors had also tabled a proposal that needed to be considered.

A further case review hearing was scheduled for November 19.

Guilty pleas

Ricky-Lee Koroheke has pleaded guilty to a raft of charges, after being found fit to participate in the court process.

He admitted charges of assault with intent to rob, threatening to kill, being unlawfully in an enclosed yard or area, wilful damage, two counts of unlawfully interfering with a motor vehicle and two counts of burglary.

Koroheke was remanded in custody for sentencing on October 29.

Charges amended, admitted

Tawera man Katiana Thrupp has been sentenced to a year-long prison term after accepting a sentencing indication.

Thrupp pleaded guilty to two counts of assault with a blunt instrument, possession of an offensive weapon and amended charges of assault on a person in a family relationship and speaks threateningly.

He was willing to attend restorative justice, but police prosecutor Jasmyn Pearson said the victim did not want to engage in the process.

At an earlier hearing, when the sentence indication was given, the prosecutor highlighted Thrupp’s “extensive” criminal history, the disparity in size between him and the female victim, and the latter’s vulnerability.

“This is really serious offending,” Ms Pearson said at the time.

Lawyer Whare Hika raised issue with the police summary of facts and the extent of the alleged violence.

According to court documents, the offending occurred on May 15, and the weapons involved were knuckle dusters and a drawer.

Judge Bidois ordered forfeiture of the knuckle dusters.

Thrupp was sentenced to 12 months’ prison with no leave for substitution. No release conditions were imposed because of previous non-compliance, and the judge did not order reparations because the defendant was not in a position to pay them.

Time Thrupp spent in custody while on remand would be credited.

Driver took off

Kawerau woman Elizabeth Watson has been sentenced to two months of home detention for driving-related offending.

Watson, 30, appeared for sentencing this week on charges of failing to remain stopped for police, driving while disqualified and unlawfully getting into a motor vehicle.

The offending occurred on February 5 on Blundell Avenue in Kawerau, according to court documents.

Judge Bidois said Watson was two and a half months away from the end of her disqualification period when police saw her in a vehicle that had been stolen four days earlier.

Police saw the Chrysler 300, heard the engine start and watched it reverse slowly out of an address with the defendant in the driver’s seat. They told her to stop but she drove away.

Watson later admitted to knowing the vehicle was stolen and hearing the police tell her to stop.

Lawyer Steve Franklin said the defendant had to get her licence back from scratch and now held a restricted driver’s licence, and a new job at a Whakatāne fast food restaurant.

He sought a sentence of community detention because it would allow Watson to go to work and applied for a substitution of the standard disqualification for the same reason.

Police opposed the application.

Judge Bidois said Watson deserved prison because of her history, which included cutting off an electronic monitoring bracelet in 2019 and poor compliance with community-based sentences.

Home detention was recommended.

He noted that the defendant was in a better position now than she had been previously, and the recent offending was a “significant improvement” on previous offences.

Judge Bidois said a further disqualification would set Watson back and instead sentenced her to six months’ supervision.

Probations confirmed that special permission could be granted to allow Watson to attend work beyond daylight hours on a home detention sentence, and the judge imposed two months’ home detention.

Watson will be subject to six months’ post detention conditions at the conclusion of her sentence.

Readmitted to bail

Ōpōtiki woman Rongo Bennett has been readmitted to bail after breaching her curfew this week.

Bennett is due for sentencing in Ōpōtiki District Court next week for charges including offering to sell methamphetamine, possession of meth for the purpose of supply and two counts of unlawful possession of a firearm.