Both men appeared for sentencing on family harm incidents and were sent to prison. Photo / NZME
Two men who snubbed a court direction to complete presentence reports have seemingly sealed their own fate after their lack of background information played a part in them being sent to jail.
“I know very little about you and it has deprived me of why you behave this way and that is why those reports are so important to me,” Judge Taryn Bayley told Star Kersjes.
Pre-sentence reports are prepared before sentencing and canvas a defendant’s history, addiction or anger issues, living situations and mental health conditions. The report guides judges on an offender’s background with a recommendation for the sentence provided.
Kersjes, 31, of Dargaville, appeared in the Whangārei District Court before Judge Bayley this week dragging with him a list of non-compliance charges from the past year.
He was sentenced to community work and supervision in 2023 for drunk driving and a family harm incident, but by April, Kersjes had completed zero hours and was put on notice.
When he appeared this week for sentencing on new charges of assault with a blunt instrument and threatening behaviour he had only completed half of the required hours and failed to report to a pre-sentence report (PSR) appointment with his Probation officer.
Kersje’s latest offending occurred on November 11, 2023, when he lost his temper at his partner and punched the front door.
His partner, frightened, ran outside to a shared driveway and climbed a fence with Kersjes following behind, armed with a broomstick.
When he caught up to her, he pushed her to the ground, and attacked her with the broomstick, hitting her around the head and shoulders until the stick snapped.
The assault only ceased when a neighbour intervened.
On the issue of the presentence report, defence lawyer Julie Young said Kersjes had several reasons why he couldn’t attend his appointment with Probation but police prosecutor Stu Wilkes wasn’t buying it.
“He could have gone there and said he’ll make himself available all day, every day,” Wilkes submitted.
“The only effort he’s making is to keep the wolves at bay.”
Judge Bayley highlighted Kersjes also had poor compliance with Electronic Monitoring (EM) bail, with several breaches, and even moved without informing Probation services.
His failure to attend interviews deprived the court of understanding his behaviour, which was crucial for sentencing, the judge said.
Kersjes was sentenced to 10 and a half months imprisonment with leave to apply for home detention.
On the same day, Michael Patira, 33, also showed up to court with an incomplete PSR.
With an extensive criminal history, spanning three pages, including his last conviction in 2023, for which he served eight months in prison, defence lawyer Jarrod Griffith sought an adjournment to canvas an address for home detention.
“I do not intend to adjourn sentencing,” Judge Bayley said.
Police prosecutor Stu Wilkes said Patira was well-versed in the court process and knew he could go to Probation at any time and make an appointment.
“If he saw the train coming down the track he would have known what the consequences were, he simply did not engage,” Wilkes said.
Patira’s latest offending involved an assault on his father-in-law in February this year.
An argument between Patira and his partner prompted the victim, who lived next door, to intervene and ask Patira to leave.
But Patira instead yelled at the victim and walked out on to the street. Patira brandished a large kitchen knife, waving it at the victim twice and narrowly missing his right arm.
The victim, pulling his daughter away, ran across the road to seek help from a neighbour and Patira was later apprehended by the police still in possession of the knife.
Judge Bayley said Patira had unresolved anger issues and although he showed up to his PSR appointment, veiled threats were directed towards the Probation officer and the report was unable to be completed.
The judge had real concerns about Patira’s risk of reoffending but did not have a report to provide her with further relevant information.
She sentenced him to eight months imprisonment with leave to apply for home detention.
Shannon Pitman is a Whangārei based reporter for Open Justice covering courts in the Te Tai Tokerau region. She is of Ngāpuhi/ Ngāti Pūkenga descent and has worked in digital media for the past five years. She joined NZME in 2023.