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Home / New Zealand

Man who threatened to bury partner in ‘6-foot hole’ sentenced to community work

Tracy Neal
By Tracy Neal
Open Justice multimedia journalist, Nelson-Marlborough·NZ Herald·
7 Mar, 2023 03:40 AM3 mins to read

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A man who threatened to 'bury his wife in a 6-foot hole' before smashing her head on a glass table was said to have acted totally out of character. Photo / 123RF

A man who threatened to 'bury his wife in a 6-foot hole' before smashing her head on a glass table was said to have acted totally out of character. Photo / 123RF

It was out of character that Samuel Pene said he’d go outside to dig a 6-foot hole in which to bury his wife.

It was equally out of character that he pushed her face into a glass dining table after a mid-morning family scuffle over breakfast, the Nelson District Court heard.

Pene, 36, was today sentenced to 120 hours of community work and nine months’ supervision after the assault last July, during which the family dog was also kicked.

A charge of cruelty to an animal was later dropped.

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Pene pleaded guilty to threatening to kill and assaulting a person in a family relationship, committed against his partner of 16 years, with whom he has two teenage sons.

Samuel Pene was sentenced in the Nelson District Court today on charges of violence against his partner of 16 years. Photo / Tracy Neal
Samuel Pene was sentenced in the Nelson District Court today on charges of violence against his partner of 16 years. Photo / Tracy Neal

Judge Jo Rielly acknowledged before she sentenced Pene that the offending happened when he was under a lot of pressure.

On the morning of July 3 last year, Pene went into the kitchen where his partner and older son were and was asked what he wanted for breakfast.

Pene began slamming items down on the bench, which prompted his partner to mention quietly that they should have cooked breakfast and then she left the room.

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She could hear Pene talking to their son so returned to the kitchen, at which point Pene turned on her, and said he would go outside and dig the hole in which to bury her.

He then pushed her face into the table, before pulling her up.

Their younger son yelled at his father to stop, and the older son also began hitting out in an effort to get their father to stop.

The family dog nearby was booted during the scuffle. Pene went outside, and his partner ran to get her phone and call the police.

He told them his behaviour had been influenced by a lot of stress at work.

Judge Jo Rielly said she understood Pene had struggled to come to terms with what he’d done, and that it was “extremely out of character”.

“You are a hard-working person who has reconciled with your partner, after you had been prohibited from returning home.

“You were a close family unit for some time, and I don’t know what caused you to do this but I’m impressed with your level of acknowledgement, and I know you feel ashamed,” Judge Rielly said.

She said such offending might normally result in a short term in prison, or an electronically monitored sentence for someone with less favourable circumstances.

Judge Rielly had adjourned sentencing from an earlier date to ascertain Pene’s partner’s views on a protection order, which she did not seek.

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Judge Rielly felt for Pene, who basically led a good life, community work would be a “significant punishment”.

She asked Corrections to consider a community-based placement.

“You have a good work ethic and I feel you could contribute to an organisation in the community,” Judge Rielly told Pene.

The sentence of supervision included a special condition that he attends a Stopping Violence programme.

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