Remanded without plea
The young man accused of stealing Ōtorohanga Riding for the Disabled’s horse Cocoa appeared in Te Kūiti District Court last week.
The Tauranga man, who can’t be named yet, was remanded without plea until June.
His lawyer, Gaye Gray said she had not been able to contact him prior to the court appearance to take instructions on how he would like to plead.
Conviction for psychological abuse
A bid to be discharged without conviction was unsuccessful last week for Benneydale man Colin James Edwards, who had previously pleaded guilty to breaching a protection order.
He did so by sending texts to his ex-girlfriend telling her how to dress, act, and that she should be sexually compliant, Judge Brett Crowley said.
The texts contained in the scope of the representative charge were sent in a two-month period from December to February.
Samples of the texts Edwards sent his victim were read in court.
One detailed the terms she must adhere to if she wanted a relationship: talking to Edwards every morning and night, regardless of where she was.
In another, he told her to “f… off and die” when she asked for money to buy their child some new shoes.
To grant a discharge without conviction, the judge must be satisfied that the consequences of conviction will be out of all proportion to the gravity of the offence.
The basis of Edwards’ application, submitted by lawyer Garth O’Brien, was that he faced losing his job and the accommodation linked to his employment if he was convicted.
“He will need to find employment elsewhere if he is convicted,” O’Brien said.
A client of his employer was unlikely to allow Edwards onto their premises if he had a criminal conviction, thus preventing him from doing his job and placing his employment at risk, O’Brien said.
Edwards admitted sending the texts, but said he was being sent a multitude of messages daily by his victim.
In Edwards’ view, according to a portion of his affidavit referred to by O’Brien, he was constantly belittled by his victim and he was the one that should have had a protection order.
Judge Crowley accepted a submission from prosecutor Baden Hilton that because Edwards had a history of similar offending against the same woman, for which he was previously discharged without conviction, the gravity of his offending this time was at a moderate level.
The prosecutor said it was clear Edwards intended to assert control over his victim – behaviour a protection order was designed to protect a person from.
He said the messages displayed a continuation of power and control, but that the victim accepted she replied when she shouldn’t have.
Judge Crowley said the situation was a clear example of psychological abuse, with the victim wanting a healthy relationship with Edwards and seemingly trying to regulate a relationship through a protection order.
But he saw Edwards as “oblivious to the protection order and continuing to be as abusive as before.”
Judge Crowley said none of the texts sent by the victim were abusive or belittling, while Edwards’ were “commanding, demanding, belittling and constant.”
Edwards’ application to not be convicted was declined by the judge because he did not agree that a conviction would definitely leave the defendant unemployed and homeless.
He called the submission speculative at best and said it was catastrophising the situation.
Judge Crowley said with his experience and ability, as noted by his employer, Edwards would be likely to find other employment, even if he lost his current job.
“I’m far from convinced the consequences are really and appreciably a risk,” the judge said.
Subsequently, the consequences of a conviction were not found to be out of proportion to the gravity of the offending.
Edwards was convicted and ordered to come for sentence if called upon for 12 months.
The suspended sentence means if Edwards finds himself in court again in the next year, he can be sentenced for this offending at that time.
Would-be poachers appear
Two young men jointly charged with illegal hunting have appeared in Te Kūiti District Court.
Tyron Wairukuruku Hugh Pedrochi, represented by lawyer Joe Hamblett, pleaded guilty to charges of entering agricultural land with intent to commit an imprisonable offence and unlawfully carrying a pistol.
He pleaded not guilty to two other charges of wilful damage and failing to stop or ascertain injury.
His co-accused was remanded without plea after his lawyer had to withdraw due to a conflict of interest.
He is accused of entering agricultural land with intent to commit an imprisonable offence and unlawfully possessing a weapon.
Both men will next appear in May.
Discharged after remand
After spending “a long time” in custody on remand and on electronically monitored bail, Ross James Te Rini was convicted and discharged without penalty.
Te Rini had previously pleaded guilty to a charge of assault on a person in a family relationship, which Judge Crowley noted was his first violence charge.
It would have been unlikely for Te Rini to be sentenced to prison on such a charge, the judge said, but he had already served the equivalent of a fair prison sentence.
As a result, the judge did not see the need for further penalty and Te Rini was free to go.
One night, three offences
A solo mother has been disqualified from driving for six months and fined $500 after racking up three drink driving-related charges in one night.
It was the first time Ashton Leigh Ngapeka Whatarangi had ever been convicted, the court heard.
She pleaded guilty to two charges of driving with excess breath alcohol and one of driving while suspended.
When police first stopped Whatarangi she registered a breath alcohol reading of 755mcg of alcohol per litre of breath. She was automatically forbidden from driving for 12 hours at that point.
An hour later she was caught again while driving a distance of a few hundred metres. Her breath alcohol reading the second time was 646mcg.
Police prosecutor Baden Hilton said even though Whatarangi was only travelling a short distance, it was still dangerous to get behind the wheel when inebriated.
“Short distances still kill people.”
Each of the three charges has the potential to impose a six-month driving disqualification.
Judge Crowley considered the possibility of using a heavy hand to apply the law, by disqualifying Whatarangi for a cumulative 18 months.
The prosecutor submitted that a cumulative disqualification would not be an appropriate deterrent in this situation, especially given the rural environment.
The judge agreed and opted to order Whatarangi serve the disqualifications concurrently, for a total six months.
Supervision for threats
Judge Crowley sentenced Thomas Stanley Reardon to 12 months’ supervision and 60 hours of community work after he admitted using threatening language and possessing an offensive weapon.
