Gisborne Courthouse. File picture by Rebecca Grunwell
Alleged to have threatened his elderly father with a samurai sword, Gerald Hamilton Mount Newman, 53, pleaded not guilty to assault with a sharp weapon and breach of a protection order when he appeared in Gisborne District Court.
Counsel Leighvi Maynard applied for bail on Newman’s behalf.
Judge Warrent Cathcart refused to grant it.
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For possessing 260 excess and undersized paua and two counts of illegally trading fish, Alan Rotatepu Hare, was sentenced to 270 hours community work.
Ministry for Primary Industries prosecutor Aroha Cooper, told the court the paua charges related to 2010 offending that was formally proved after Hare failed to turn up at court.
Back then, Judge Adeane refused the option to impose a fine due to Hare’s already extensive fines debt.
With Hare now before the court, Ms Cooper now sought the imposition of 200 hours community work on each of the paua charges concurrently, and 70 hours concurrently for each of the more recent illegal trading charges.
Counsel Holly Tunstall said Hare was on home detention for other matters and welcomed the work sentence. It would enable him to leave the house.
Hare was unemployed but responsible for the sole care of a school-aged child, Ms Tunstall said.
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Judge Cathcart refused to grant an application to vary bail for a man who complained an electronic monitoring anklet was painful and a nuisance in the workplace.
Omar aka Omear Kelly Te Moananui Morgan, 29, forestry worker, wanted the electronically-monitored bail he was on, which required him to wear a GPS tracking anklet, reduced to simple bail.
Morgan claimed through counsel Brian Webby, the anklet not only caused him pain but posed a health and safety risk in the forestry work environment.
But Judge Cathcart rejected the submission, saying a letter supplied by Morgan’s employer in support of the application did not specifically speak about safety concerns but merely confirmed Morgan’s complaints of discomfort caused by the device.
Morgan was granted the em-bail option after his arrest on several charges arising out of domestic violence.
In addition to the application for a bail variation, Morgan entered not guilty pleas to all charges against him — four counts of assaulting a female, a charge of assault and a breach of a protection order.
He was further remanded on em-bail for sentence on March 6. A report will canvass his suitability for an electronically-monitored sentence. The judge warned Morgan a starting point of imprisonment was likely.
Morgan had an extensive history of domestic violence offending involving other complainants, the judge said.
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Elsie Kiri Collier, 25, pleaded guilty to assault, fighting and possession of an offensive weapon in circumstances that showed an intent to use it.
Collier was further remanded on bail for sentence on March 28. An updated pre-sentence report was ordered.
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Admitting he deliberately set fire to a vehicle, William Anthony Taylor, 33, pleaded guilty to arson and was further remanded on bail for sentence on March 15.
A pre-sentence report will traverse Taylor’s suitability for an electronically-monitored sentence. The matter was referred to the restorative justice process.
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Bonus Ford Atkins, 20, appeared via AV-link from a prison remand unit and pleaded guilty to theft (between $500 and $1000), two counts of unlawfully taking vehicles and careless driving.
He was further remanded in custody for sentence on January 15. A pre-sentence report was ordered and the matter was referred to the restorative justice process.
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An 18-year-old man on remand in custody for 19 days was too young to be in prison on the lower-end charges he faced and would be released immediately on a time-served basis, Judge Cathcart said.
Ducane Tuari pleaded guilty to possession of methamphetamine, driving without a licence, a breach of community work and a breach of supervision.
The judge imposed a prison term of one month, the required time Tuari had effectively already served.
The earlier sentences of supervision and community work, one of which the probation service wanted reviewed, were cancelled.
A man subject to an inpatient treatment order under the Mental Health Act, admitted a spate of theft offences that occurred during a few days in September.
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Barry Ivan Cowley, 51, admitted five charges of theft (goods under $500), use of a document to obtain a pecuniary advantage, a shoplifting offence and a breach of bail. He was further remanded on bail for sentence on March 28. A pre-sentence report was ordered, including an assessment of the suitability of an electronically-monitored sentence.
The judge said the offending had seemed “strange” at first glance but less so once counsel and mental health advocate Mark Sceats had explained some of Cowley’s background.
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For a sixth drink-drive offence, which he admitted, Edward Jacob Nepe, 47, was remanded on bail for sentence on January 10. The charge involved a blood-alcohol reading of 185mg.
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Ronnie Carswell, 38, pleaded guilty to drink-driving (461mcg) and driving while disqualified, each third or subsequent offences.
He was further remanded on bail for sentence and a pre-sentence report on January 10.
The report will canvass his suitability for an electronically-monitored sentence.
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Lawrence Hugh Te Hatipakaroa Rangiwai, 30, admitted driving while disqualified, a third or subsequent offence, and two breaches of court bail. He was remanded on bail until January 10 for an application for community work in lieu of further disqualification and a pre-sentence report.
The report will canvass his suitability for an electronically-monitored sentence.
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A woman admitted a third or subsequent drink-drive offence, careless driving, a shoplifting offence and two breaches of bail.
Jessica Susan Green, 37, was further remanded on bail for a pre-sentence report and sentence on March 6.
The report will traverse the suitability of an electronically-monitored sentence.
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Convicted of his ninth drink-drive and eighth disqualified driving offence, Billy John King, 36, was further remanded on bail for a report and sentence on March 6.
The drink-drive offence involved a breath-alcohol reading of 657 micrograms.
The judge told King he would need to prepare himself for a prison term.
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Aneli Helu Katea, 28, freezing worker, admitted refusing to give a blood specimen and driving while disqualified for the third or subsequent time.
He was further remanded on bail for sentence on March 6. A pre-sentence report will assess Katea’s suitability for an electronically-monitored sentence.
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For two third or subsequent drink-drive incidents, his third and fourth within a short time, and two charges of driving while disqualified, Donovan Cookson, 21, was further remanded on bail for sentence on March 28.
Cookson admitted the offences.
Judge Cathcart agreed with duty solicitor Stephen Taylor that an adjournment was necessary for Cookson to reapply for legal aid.
His application had previously been declined. But these were serious matters and he needed full legal representation.
A report into the suitability of an electronically-monitored sentence was ordered.
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Isaac Nathan Tikitiki, 44, fisherman, pleaded guilty to driving with excess breath-alcohol (799mcg) for the third or subsequent time, his third. He was fined $1200 (costs $130) and disqualified from driving for a year and a day.
Tikitiki will be subject to a zero-alcohol licence in future.
A letter will be sent to the registered owner of the vehicle Tikitiki drove, warning it will be confiscated if Tikitiki uses it to reoffend.
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Lawrence Glen Atkins is alleged to have been drink-driving and in breach of a zero-alcohol licence when stopped by police. He was further remanded on bail to enter pleas on December 20.
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For burglary and unlawfully taking a vehicle, to which he pleaded guilty, Damien Jenkins, 19, was remanded on bail for sentence on January 22.
A co-offender is scheduled for a case review hearing that day.
Jenkins faces a reparation bill of $1808 — his share of the total value of goods taken.
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