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Home / Hawkes Bay Today

Dannevirke man sentenced to community detention for violence, firearms and drink-driving charges

Hawkes Bay Today
22 Sep, 2020 06:00 PM4 mins to read

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A Dannevirke man was sentenced to community detention on violence, possessing an unlicensed firearm and drink-driving charges.

A Dannevirke man was sentenced to community detention on violence, possessing an unlicensed firearm and drink-driving charges.

A Dannevirke man facing his eighth charge of drink-driving preferred to give away his car rather than have an alcohol interlock device fitted to it.

But that was the least of Wayne Klaus Douglas Schoenwald's charges.

He was appearing in Dannevirke District Court also facing charges of assault on a family member, assault using a blunt instrument and possession of a firearm without a licence.

Judge Stephanie Edwards explained that fitting an alcohol interlock device would mean Schoenwald would be disqualified from driving for 28 days.

Once the device was fitted to a vehicle it remained in place for 12 months. The driver could then apply for a zero alcohol licence which was held for three years before a standard licence could be applied for.

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Instead Schoenwald chose to sign a statutory declaration giving his car to another person and being subjected to a mandatory disqualification period of 12 months.

"Some people see the alcohol interlock device as the worst option. But actually being disqualified from driving for 12 months is the worst option," Judge Edwards said.

In imposing the disqualification order, Judge Edwards said Schoenwald must still face some penalty for his eighth drink-driving conviction for which he recorded a breath-alcohol reading of more than 800mcg.

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However, Judge Edwards did note that Schoenwald's last conviction was in 2004.

On the charges of assault on a family member, assault with a weapon and possession of a firearm without a licence, Judge Edwards said when Schoenwald was first due to be sentenced in May the Crown had prepared submissions suggesting the appropriate starting point for the family harm offending was imprisonment.

"The victim was a former partner who you had been in a relationship with for four years," Judge Edwards said.

On February 20 police attended an incident that arose after the couple had been arguing.

"You struck her with a metal bar on the side of her neck. She ran to the bedroom where you threw her on to the floor and punched her at least twice."

Police arrived and while searching the house found a 12-gauge shotgun and 41 cartridges under a bed.

Judge Edwards said a victim impact statement referred to the consequences of the attack and the costs incurred.

"The amount sought was $350 for medical and travel costs as the victim had to find somewhere else to stay."

The Crown suggested the starting point should be 17 months but Judge Edwards considered it should be around 10 months, although the possession of a firearm was an aggravating factor.

"You have a number of previous convictions for firearms, seven in fact including discharging a firearm in 2017. That takes the overall starting point to 13 months imprisonment.

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"While on bail on the family violence charges Schoenwald had undertaken a course and had completed nine sessions and had another 15 to go and Judge Edwards said she would allow a discount of four months for this.

She also discounted a further three months for Schoenwald's guilty pleas, making a total of nine months in prison which equated to four and a half months' home detention.

"I believe an electronically monitored sentence is an appropriate outcome along with supervision to address your issues with violence."

However, Judge Edwards said home detention would be a problem as Schoenwald had started a new job.

"A more appropriate end sentence is a combination of community detention and supervision."

On the violence charges, Judge Edwards sentenced Schoenwald to six months' community detention and six months' supervision. He was ordered to pay $350 in reparations to the victim.

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On the firearm charge, he was sentenced to two months' community detention to be served concurrently.

Referring back to the drink-driving charge, Judge Edwards said it was while Schoenwald was on bail awaiting sentence that he committed that offence.

She sentenced him to 80 hours' community work and disqualified him from driving for a year and a day.

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