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Home / Whanganui Chronicle

'Once you drink alcohol, you become a different beast,' Judge says in Whanganui District Court to man who contravened a protection order

Whanganui Chronicle
14 May, 2019 05:00 PM3 mins to read

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Jesse James Smyth was drunk with his partner and her family when he began walking around their Longbeach Dr property with his pants down.

Jesse James Smyth was drunk with his partner and her family when he began walking around their Longbeach Dr property with his pants down.

A man with alcohol issues who consistently contravenes protection orders has been given a final warning by Judge Dugald Matheson.

Jesse James Smyth was drunk with his partner and her family when he began walking around their Longbeach Dr property with his pants down.

Young children were at the property, however, when asked to pull his pants back up, Smyth refused and became abusive.

He began swearing at his partner of three years after she asked him to leave, so she called the police.

Smyth was still at the address when Whanganui Police arrived, police prosecutor Stephen Butler said in Whanganui District Court.

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"The defendant said 'I'm not going anywhere, I didn't do anything wrong'," Butler said.

"The defendant was arrested and escorted from the property. In explanation he said 'the family are smart asses and I don't like smart people'."

Smyth was serving a sentence of intensive supervision at the time of his offending and he has previously breached protection orders in 2010 and 2012.

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The protection order was instated in 2017 when Smyth was convicted for male assaults female after attacking the same victim.

Lawyer Richard Leith said that Smyth and his partner had moved to a new address on the day of the offending.

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"They were together, moving into a new place and he had obviously consumed too much alcohol during that process and it's got him into trouble," Leith said.

"Alcohol is the underlying issue. He knows that and he is addressing that. He has engaged with community mental health and drug addiction services."

Smyth had earlier been removed from a domestic violence programme due to his constant consumption of alcohol.

He pleaded guilty to contravening a protection order when he appeared in court on Tuesday.

Judge Dugald Matheson issued a final warning to Jesse James Smyth after convicting and sentencing him for contravening a protection order. Photo / Lewis Gardner
Judge Dugald Matheson issued a final warning to Jesse James Smyth after convicting and sentencing him for contravening a protection order. Photo / Lewis Gardner

Judge Matheson cancelled Smyth's sentence of intensive supervision due to expire in August and sentenced him to a further 12 months' intensive supervision.

The judge also sentenced Smyth to 80 hours' community work and said he would be judicially monitored for up to three months.

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"Mr Smyth this has got to stop. Clearly, you've got a problem with alcohol and as a result of that, those within your family put up with nonsense," Judge Matheson said.

"I acknowledge you here today in a collar and tie and being contrite, but the reality is, once you drink alcohol, you become a different beast."

Judge Matheson gave Smyth a final warning.

"You are warned. I can tell you, I will be supervising judge and will monitor this," he said.

"If you are not doing the domestic violence programme, I will resentence you and you will be going down those stairs and out to Kaitoke."

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