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Ericka Gillespie squeezed his partner around the throat multiple times, causing her to lose consciousness on one occasion.
Gillespie, 19, who identifies as a man, appeared in the Whakatāne District Court for sentence on Wednesday on charges of strangulation, assault and wilful damage, all arising from the same incident.
The court heard that Gillespie used his hand to grab his partner around her throat, pulled her hair back and squeezed her throat for five to 10 seconds before loosening his grip to allow her to breathe.
He then squeezed again, harder, until she lost consciousness.
He had placed his hand around her throat again, but when his mother yelled at him to stop, he pushed and shoved her
Gillespie, a first-time offender, was said to have issues with anger, violent tendencies and to struggle with low mental health.
In sentencing him to seven months’ home detention, Judge Louis Bidois acknowledged that Gillespie’s dysfunctional upbringing and exposure to frequent violence had had a profound impact on him.
Community work for cannabis grower
Although Shane Richard Chamberlain had 60 cannabis plants growing in his back yard, only two were of any significant size, the Whakatāne District Court was told on Wednesday.
Chamberlain, 56, of Te Teko appeared for sentence on charges of cultivating cannabis, possession of a police cap and possession of ammunition.
The court heard he was a regular user of cannabis for pain management and was going through the process of trying to do that legally through being a medicinal cannabis user. That process is ongoing.
With regard to the police cap, it was for a dress-up event that he attended and he did not know it was an official police cap.
Judge Louis Bidois said although the plants were small when found, with time they would have grown and matured.
He sentenced him to a total of 280 hours community work and fined him $300 plus court costs.
Section 94 granted
Mathew Hohua has avoided a driving disqualification on a charge of driving while suspended.
With it being 16 years since his last driving charge, lawyer Kylee O’Connor sought a Section 94, which would allow the imposition of a community work sentence in place of a disqualification.
She said Hohua had been suspended from driving for three months after accumulating excess demerit points. He was two days off the suspension ending when he was stopped by police.
He was driving through necessity, to get to work.
In fining Hohua $400 plus court costs and imposing 80 hours’ community work in lieu of a disqualification, Judge Louis Bidois said, “you have got to be a bit more disciplined”.
He warned Hohua that if he did not complete the community work, it would be cancelled and a 12-month driving disqualification imposed.
Bail curfew removed
Judge Biodois agreed to delete the curfew condition of Laurie Davis’ bail but imposed other restrictions on his movements.
Davis appeared for breaching his curfew, explaining that he had been attending the tangi of his brother but had received an exemption to allow this from the head of the Kawerau Police Station.
The “brother” was clarified to be a gang brother rather than a sibling.
The police station confirmed Davis had gone to the station, but it was after the breach.
Aware that he had breached his curfew the night before by going to the tangi, Davis went to the police station.
Police said they decided not to arrest him at the time because he had a child with him and was intoxicated.
Judge Bidois accepted the breach occurred but did not certify it.
Davis asked for the curfew condition of his bail to be removed, saying it was restrictive and impacting the healing work he needed to do on himself.
The judge deleted the curfew but imposed other bail conditions including not to contact the complainant, not to go to Auckland, not to be violent and not to drive a motor vehicle.
Davis is on bail for charges of wilful damage, assault and driving while disqualified. He will appear for case review on August 18.
‘Help’ for assault
Hepara Tetangiua McMath has been sentenced to community work and supervision on charges of assault on a person in a family relationship, breach of a protection order and intentional damage of a window.
Lawyer Rebecca Plunket said this was his first assault charge relating to this victim and his first breach of a protection order.
A previous assault charge in 2004 related to another victim.
Judge Bidois said he did not want McMath spiralling out of control, so would give him some “help” with a sentence of 140 hours’ community work and 12 months’ supervision.
He must also pay $300 emotional harm reparation to his victim.
“There is no justification of assaulting anyone,” Judge Bidois said.
Reparation for damage
“You need to do something more positive in your life than drinking,” Judge Bidois told Haami Paul when he appeared for sentence on charges of drink driving and two counts of intentional damage.
The three charges related to separate incidents in September, November and February and the judge said Haami was starting to show a pattern.
On the excess breath alcohol charge, the 24-year-old was fined $700 plus court costs and disqualified from driving for six months.
On the intentional damage charges, he was fined $400 plus court costs and ordered to come up if called upon in six months. He must also pay reparation of $3125 for the pendulum bar he damaged and $600 for the furniture.
Control your anger – judge
A Whakatāne man who threatened his partner with a hammer has been sentenced to community work and warned to control his anger.
Te Iharaira Riini-Timoti, 23, appeared for sentence on charges of wilful damage, threatening to cause grievous bodily harm and failing to answer court bail.
A charge of assault with a blunt instrument was amended to assault on a person in a family relationship.
Lawyer Jonathan Kay said the incident was prompted by Riini-Timoti learning his partner was having a relationship with someone else. It came as a shock and caused emotional dysregulation of an “extreme kind”.
Judge Bidois said Riini-Timoti picked up a hammer and threatened the victim, which caused her a great deal of fear.
Riini-Timoti had the potential to assault, and he had done so in the past.
He sentenced him to 270 hours’ community work for the grievous bodily harm charge, 120 hours for the assault on a person in a family relationship and 80 hours for the wilful damage.
Riini-Timoti was also ordered to pay reparation of $600 and emotional harm reparation of $250.
“If you assault her or anyone else in the future, you won’t get community work or fines, you will be going to prison,” Judge Bidois said.
Under the influence
Manawa Wirangi was sentenced to 200 hours’ community work on charges of receiving a motor vehicle valued at $14,000, possession of a flick knife, driving with excess breath alcohol and escaping custody.
On the drink-drivng charge, the 20-year-old from Rūātoki, was disqualified from driving for six months.
Judge Bidois said as well as being under the influence of alcohol at the time, Wirangi was no doubt under the influence of his co-offenders.