While on bail for robbing an Auckland dairy, Ezekuiel Allen planned and executed another aggravated robbery, this time arming himself with a machete and targeting a Kawerau dairy.

Allen, 21, was sentenced to just over five years in prison when he appeared in the Whakatāne District Court on Wednesday on two charges of aggravated robbery, two charges of unlawfully getting into a motor vehicle, and charges of driving while disqualified, failing to stop, receiving, burglary and assault with intent to injure.

The charges related to four incidents, including one in January where Allen and two 15-year-old co-offenders hatched a plan to rob the Galway Street Dairy in Kawerau, disguised with face coverings and wearing gloves.

They arrived in a car that had been stolen from Rotorua two days earlier and entered the dairy through the front door. Allen was carrying a 70-centimetre machete.

The shop attendant backed out when they saw the machete, and Allen cleared cigarettes from the cigarette cabinet and put them into a rubbish bag.

He then ripped the cash register from the counter.

The group ran to the car with the cash register, the cigarettes and some lollies.

A while later, Allen went to Kawerau Vape Zone wearing a face mask and also ripped out the cash register.

When later found by police, Allen admitted what he’d done, saying he was so smashed on methamphetamine that he lost control.

Two weeks earlier on December 29, Allen had gone with a friend to a superette in Mt Albert, Auckland, carrying a knife.

He jumped over the counter and removed $1000 cash from the cash register. About $6000 of cigarettes was also taken in the robbery.

Judge Jo Rielly explained to Allen that because he and his friend committed the robbery together, they were each responsible for what each other took.

The pair left in a stolen car and drove to Hamilton where police attempted to stop the vehicle and they were arrested following a short pursuit.

The injuring with intent charge came after Allen attacked another inmate while they were exercising in the yard at Waikeria Prison.

The victim was keeping to himself when Allen suddenly ran at him from behind and punched him in the face with a closed fist, knocking him to the ground.

The man was able to get up, but Allen continued throwing multiple punches and kicks at him and prevented him from leaving the yard.

In sentencing, Judge Rielly took a starting point of eight years and nine months in prison, reducing it by 40 percent for Allen’s guilty pleas, youth and personal circumstances.

He was sentenced to five years and three months in prison and disqualified from driving for a total of three years.

Home D for unprovoked assault

An Ōpōtiki man involved in an unprovoked assault on a man who rode past him on a bike is taking steps to improve his life, including handing in his gang patch.

In sentencing Zion Hunuhunu to home detention, Judge Jo Rielly noted the positive changes the 19-year-old made in his life since leaving the area and urged him to remain motivated and continue to live a good lifestyle.

“If you have moved away from connections with gangs and people that are making you choose paths that lead you astray ... I don’t think you will be back before the criminal court again,” she said.

Hunuhunu appeared in the Whakatāne District Court for sentence on charges of wounding with intent to injure and burglary related to an incident in Ōpōtiki in October last year where he and two friends chased, then attacked a man at his home. A charge of assault with a weapon was withdrawn.

The court heard that at 12.45am on October 26, Hunuhunu was with two others having some drinks outside a bar in Elliott Street, Ōpōtiki, when a person rode past them on a bike.

The three ran to their vehicle and began to chase the man down King Street.

Hunuhunu and a co-offender ended up chasing him on foot while the person driving the vehicle attempted to hit the victim with the car, only just missing.

When the victim reached his home, he grabbed a broken fence paling to defend himself.

Hunuhunu arrived at the property and jumped the fence, kicking the victim in the leg causing him to fall over.

A co-offender presented a shotgun at close range, ordering the victim to drop the fence paling.

The assault then continued with neighbour saying they could hear “thuds and groans”.

The firearm was never recovered and the victim received serious injuries including a broken nose, concussion and lacerations to the head.

His lawyer, Kylee O’Connor, said Hunuhunu had been on a curfew since April and had been taking positive steps, including handing in his gang patch, staying away from gang members and the Ōpōtiki area.

Judge Rielly said there were aspects of home invasion to the case.

She noted Hunuhunu was 18 at the time and said when she read about what he had been doing in the past few months, she was surprised that he got himself involved in such offending.

She said everything he had done since and the changes he had made in his life had been positive.

He showed insight into what caused his offending, genuine remorse and had never breached his bail, despite having a curfew and being subject to late night bail checks, which was a credit to him.

She sentenced him to 18 months prison, which was converted to a sentence of eight months’ home detention.

Victim knocked unconscious

A Kawerau man who assaulted his partner in a public reserve has been sentenced to 100 hours’ community work.

Shannon Peri, 45, pleaded guilty to assault on a person in a family relationship and trespass.

The trespass charge related to Kawerau New World, which he visited on September 13 to inquire about his “paperwork”, having previously been trespassed.

During the conversation with staff, he raised his voice and swore before leaving.

On October 2, he and a woman were at a reserve in the River Road/Waterhouse Street area when an argument developed and they started to hit each other.

Peri put the woman in a headlock, flipped her over onto the ground and she lost consciousness temporarily.

She was checked over by ambulance staff but did not want to co-operate with a police investigation.

Peri admitted “bearhugging” her.

“This is not okay to treat people like that,” Judge Rielly said in sentencing him to community work.

“It is very dangerous behaviour; if it was a firmer surface, she could have been really hurt.

‘Suck it up’ – judge

Judge Rielly noted Te Ohorere Milosovic looked frustrated by the sentence of supervision she imposed on him for assault and told him the outcome could have been worse.

“I’d suck it up if I was you,” she said.

Milosovic was initially charged with resisting arrest and assault on a person in a family relationship, but police withdrew the resisting charge and amended the assault to common assault, which he pleaded guilty to.

It related to an incident on August 3 where Milosovic had been verbally arguing with a sister when the situation escalated. Other family members stepped in to break it up.

He denied grabbing her around the throat, saying he had grabbed her by the clothing.

His lawyer, Lisa Ebbers, said it was quite a low level assault.

Fire station burglar sentenced

The irony of a man living in a fire-damaged house and breaking into a fire station, was noted when Greg Marsden appeared for sentence on charges of burglary, driving while disqualified and failing to remain stopped.

Marsden, 40, and a friend went into a yard at the rear of the Whakatāne Fire Station on April 24 and removed four rims and tyres from a stationary vehicle and one rim from a second vehicle.

Various items including fuel containers, pumps and ropes, were stolen from the firefighters’ support trailer.

The next night, Marsden went back to the yard and returned some of the equipment.

Judge Rielly said it was ironic that Marsden was before the court for burglary of a fire station when he lived in a partially burned out home.

She said his actions in going back the next day and trying to return some of the equipment indicated he was trying as much as possible to mitigate the harm of the burglary.

Although they had entered the yard intending to steal the rims; Marsden did not realise until afterwards that his co-offender had taken other items.

Judge Rielly described Marsden as a man who was “living in limbo”.

Although qualified to do work for which there was a lot of demand, he had chosen to stay in Whakatāne and hang around the same people and put himself at risk of using methamphetamine.

She said he had qualifications and experience and could have a very different life if he moved away and made some changes.

“The only person you are harming is yourself.”

She sentenced him to 350 hours’ community work and disqualified him from driving for six months.

She asked if he would like supervision so he could engage with rehabilitation, saying she would not impose it if he was not open to it.

He said he was, and she sentenced him to nine months’ supervision.

No EM bail

Te Rauparaha Morgan was refused electronically monitored bail with the environment at the proposed bail address not considered suitable.

Morgan, 32, faces charges of injuring with intent to injure, intimidation, assault and breaches of court release conditions.

He was remanded in custody to appear on November 4.

Bail granted

Ōpōtiki man Simon Snowden has been granted bail in Rotorua on charges of rioting and participating in an organised criminal act.

In granting the 26-year-old bail, Judge Rielly made sure Snowden was aware of his bail conditions, including that he must not contact any of the witnesses in the police investigation or any of his co-offenders, and not have any contact with Mongrel Mob members aside from those named in his bail bond.

He is on a curfew and must not travel east of the Rotomas unless it is to attend court.

Judge Rielly had earlier reprimanded his supporters in the court gallery after they pulled gang slogans in greeting when he appeared on the video link from prison.

She questioned whether they thought it was a good idea to pull gang slogans when Snowden was applying for bail for having taken part in gang activities.

Police opposed his bail.

Guilty to shoplifting

Lance Akuhata Te Pou has pleaded guilty to a raft of shoplifting charges and will be sentenced on November 27.

Police withdrew four of the shoplifting charges and amended a burglary charge to theft, which he pleaded guilty to along with a trespass charge.

The shoplifting occurred over a six-month period from January to June and included the theft of fragrances, alcohol, groceries, tools and clothing.

Te Pou is currently remanded in custody.