Hefty reparation figure offsets sentence

Rūātoki man Phillip Purewa’s willingness to pay $8700 in reparation has contributed to a judge’s decision not to restrict his liberty.

Purewa, 41, pleaded guilty at Whakatāne District Court on Wednesday to escaping police custody and an amended charge of unlawfully taking a motor vehicle.

Lawyer Paul Devoy said the defendant had a significant previous history, which he attributed to methamphetamine addiction.

Mr Devoy said Purewa had worked hard to get the addiction under control and was employed full time.

He submitted the October 9 offending, which comprised the escaping custody, was minor.

It involved Purewa walking from his property to a police officer conducting a drink driving stop, Mr Devoy said.

The officer told the defendant that he was under arrest, and Purewa walked back to his cabin, gathered some belongings and walked off the other side of the property.

The earlier dishonesty charge relates to Purewa taking a vehicle from a residential property in Rūātoki on April 4.

Police prosecutor Bill Scott said the vehicle was recovered with four different tyres. Sports equipment and work gear were also reported missing by the victim.

The hearing was stood down to allow the prosecutor to obtain a reparation figure from the complainant.

When Purewa was recalled to the dock, Mr Scott said the victim sought reparation of $8700. About half of the figure could be attributed to specific repairs and replacements, and the prosecutor accepted the judge might not be able to order the full amount on that basis.

Purewa’s lawyer said the defendant was surprised to hear the amount, but he accepted the figure and would make arrangements to pay it off weekly.

Mr Devoy argued that with the defendant employed and making progress on addressing his addiction, a non-custodial sentence would be best for everyone. He submitted community work and supervision, coupled with the reparations, would be appropriate.

The prosecutor raised concern that Purewa was now in his 40s, but his convictions did not seem to be slowing down, making the proposed sentence insufficient.

Judge Melinda Mason said she would have agreed with the prosecutor, if not for the defendant’s willingness to pay the reparation.

She acknowledged that drug addiction appeared to have driven Purewa’s offending and told him it was time to change his ways.

Purewa was ordered to pay a minimum of $40 a week toward the reparation figure, deducted from his wages. The weekly payment is double the minimum usually ordered by the court and was requested by the prosecutor.

Purewa was also sentenced to 100 hours of community work and nine months of supervision.

Sentencing date scheduled

Shane Mulafia has been remanded in custody for sentencing in late November on charges of hindering police, possession of methamphetamine, possession of utensils and breach of release conditions.

He was remanded without plea to the same date on newer charges of common assault, threatening to kill, threatening act towards a dwelling, possession of an offensive weapon and two counts of burglary.

Home D for cannabis convictions

Rūātoki man Fletcher Brown will complete six months of home detention after being sentenced this week for cannabis-related offending.

Brown, 37, previously admitted charges of cultivating cannabis and possession of cannabis for the purpose of supply.

A pre-sentence report referenced during sentencing raised concerns about the defendant’s previous non-compliance with community-based sentences.

Lawyer Kylee O’Connor said Brown told her he was young and dumb at the time, and he did not appreciate the effect those actions would have for him down the line.

One breach of community work was five years ago, she said, at the end of Covid lockdowns when the defendant did not get the message that Corrections was open again.

Home detention was the recommended sentence, and it was sought by Ms O’Connor.

Police did not oppose the sentence and acknowledged it would be an appropriate escalation given the supply charge. Judge Mason noted that there was no evidence of commerciality.

Following the home detention, Brown will be subject to six months of post-detention conditions.

Remand in custody

Kawerau man Tommy Gemmell-Murray, 31, has been remanded in custody for two weeks while a bail address is checked.

Gemmell-Murray is charged with assault on a person in a family relationship, injuring with intent to injure and behaving threateningly.

He has not entered pleas to the charges.

Drink driver four times legal limit

A Kawerau man caught with a breath alcohol level of 1052 micrograms was sentenced to community detention, community work, supervision and disqualified from driving.

Lyell Gear, 38, was more than four times the legal limit of 250 micrograms when he drove on Beattie Road in Kawerau on July 29.

The court heard that Gear was speeding, failed to stop for police and then fled police.

He was sentenced for driving with excess breath alcohol and failing to remain stopped for police.

Lawyer Alexandra Dawick said Gear’s offending history was sporadic and he said he did not have ongoing issues with alcohol.

The lawyer said Gear was drinking for his niece’s birthday and was dropping someone home when he came to the attention of police.

He has not drunk alcohol since.

Judge Mason said the defendant’s reading was extremely high.

“You should barely be able to stand, let alone drive at that level.”

She said Gear had three prior convictions for drink driving.

Gear was sentenced to six months’ community detention, 100 hours of community work and 12 months’ supervision.

He was disqualified from driving for a year and a half.

Fifth drink drive conviction

Matatā man James Brophy will serve three months of community detention for driving with a breath alcohol level described as “moderate”.

Brophy, 47, was stopped at a compulsory breath test on State Highway 30, Whakatāne on July 24.

Acting lawyer Alexandra Dawick said there was no evidence of driver fault and the defendant pleaded guilty at the earliest opportunity.

She said he works full time and has six children who are financially dependent on him.

Police prosecutor Bill Scott said this was Brophy’s fifth conviction, the last being two years ago. The remainder date back nearly two decades.

“He’s a risk to the community if he continues to drink drive,” the prosecutor said.

Judge Mason sentenced Brophy to three months’ community detention and 12 months of intensive supervision. He was disqualified from driving for 28 days and then becomes eligible for an alcohol interlock licence.

Report ordered

Te Teko man Miro Chase has been released on bail pending sentencing on two charges he admitted this week.

Chase, 43, pleaded guilty to shoplifting from Pak’n Save Taupō, breaching supervision and an amended charge of being unlawfully in an enclosed yard.

Lawyer Kylee O’Connor sought a sentence of community work. Both the judge and the probation service considered a pre-sentence report would be beneficial.

Police opposed a bail application made by the defendant. Judge Mason granted bail and remanded Chase to appear in court on November 26 for sentencing.

Money laundering involvement admitted

An Eastern Bay woman charged with engaging in a money laundering transaction changed her plea this week but still seeks to avoid conviction.

The defendant pleaded guilty when she appeared for a case review hearing, having initially pleaded not guilty.

Acting lawyer Alexandra Dawick said she intends to apply for a discharge without conviction.

Nominal date

Another case review hearing has been scheduled for Sharon Ranui and Simon Ranui, who are accused of – and deny – violence against children.

Sharon Ranui has pleaded not guilty to three counts of injuring with intent to injure or reckless disregard, two counts of ill-treating or neglecting a child, two counts of assaults child, and one each of assault with a blunt instrument and wilful damage.

Simon Ranui has denied illtreating or neglecting a child and two counts of assaults child.

Both were remanded on bail to the new year for another case review hearing. Neither will be required to attend in person.

Kitchen window smashed

Whakatāne man Ngaromate Taipeti pleaded guilty from police custody on Wednesday to a reduced charge of wilful damage.

Lawyer Leonard Hemi acknowledged the offending was “relatively serious” and sought a combined sentence of community work and reparations for the damage caused when Taipeti threw a brick through the victim’s kitchen window.

The victim was home at the time.

Taipeti wrote a letter of apology. While there was no set reparation figure, he said he was prepared to pay the upper end of the range so he could be sentenced immediately.

Judge Mason sentenced Taipeti to 60 hours’ community work and emotional harm reparations of $750.

Bail variation granted for accused

A defendant on bail in the Waikato has succeeded in having his bail address changed despite opposition by Crown prosecutors.

The man has name suppression and is charged with several counts of indecently assaulting girls younger than 12. He denies the offending.

An existing condition was removed that had allowed the defendant to go grocery shopping with the approval of his probation officer.

A case review hearing is scheduled in Whakatāne District Court on October 31.

Charges denied

Nathan Ngoungou has pleaded not guilty to charges of resisting police, possession of utensils for methamphetamine, possession of cannabis and possession of methamphetamine.

He was remanded to December for a case review hearing.

Bail granted, charges denied

Liam Tangira pleaded not guilty to charges of unlawful possession of a firearm and ammunition.

He was granted bail and remanded to December 4 for a case review hearing.

Bail application pending

Tommy Rangitakatu has been remanded in custody to December 4 after pleading not guilty to unlawful possession of a firearm, ammunition and two meth-related charges.

He entered no plea to two breaches of release conditions.

Rangitakatu elected trial by judge alone. The judge heard a bail application was pending.

Auckland case review scheduled

Ōpōtiki woman Te Rau Aroha Matchitt-Herbert was remanded on bail to attend a case review hearing in Auckland District Court next month.

She denies allegations that she received stolen property and unlawfully got into a motor vehicle.