A Kawerau man who had previously caused a person to die by driving dangerously has received a stern warning and a prison sentence from Judge Louis Bidois for driving while intoxicated.

Tommy Gemmell-Murray, 29, pleaded guilty this week in Whakatāne District Court to charges of refusing an officer’s request for a blood specimen, assaulting police, and breaching release conditions.

The offending happened on Friday, in Whakatāne.

Defence lawyer Paul Devoy said Gemmell-Murray accepted that prison was the likely outcome of the convictions, but he would have liked the opportunity to do home detention.

Judge Bidois said the defendant had previously killed someone by driving dangerously and he expected that should have influenced him to make more sensible driving decisions.

“You could kill someone else,” he said.

“You would have thought what happened would leave a lasting impression on your mind.”

The judge said this was Gemmell-Murray’s third breach of his sentence. He was subject to release conditions following the conclusion of a three-year, two-month prison sentence he received in mid-2021 for unrelated offending.

Gemmell-Murray was sentenced to four months’ prison, with leave for substitution refused.

“You need time to reflect,” Judge Bidois said.

“Comply with your sentence, stay off the booze and do what you’re supposed to.”

Michael Hill burglar pleads guilty

Rūātoki man David Hampton has pleaded guilty to his part in the aggravated burglary of Michael Hill Whakatāne in May.

The 23-year-old initially pleaded not guilty to the charge of burglary with a weapon but changed his plea at Whakatāne District Court on Wednesday.

According to a police charge sheet, Hampton was in possession of two hammers and a crowbar.

He has been remanded in custody since his arrest and attended his hearing in person, with several supporters in the public gallery.

Hampton was remanded in custody to November 13 for sentencing.

He is due back in court prior, in October, for a judge-alone trial on unrelated charges of unlawfully getting into a motor vehicle, unlawfully possessing ammunition, unlawfully possessing a firearm and possession of an offensive weapon.

Hampton was charged for the burglary along with three others, who also appeared in court this week and maintained their pleas of not guilty.

Aucklanders Adrian Buchanan and Rueben Matkovich, both 21, have elected trial by jury.

They are next due in court with Rūātoki co-accused Haki Hall in September.

Hall was also in court on unrelated charges laid in Auckland of obscene exposure and breach of bail.

Judge Louis Bidois sentenced him to one month’s imprisonment.

Automatism defence pursued

Expert reports have been sourced for Nelson Anaru Charles Freeman to pursue a defence of automatism against two driving charges.

Defence lawyer Roger Gowing and police prosecutor Jasmyn Pearson appeared before the judge this week to discuss the status of proceedings.

The defendant, who has been charged with driving with excess breath alcohol and careless driving, was not present.

Automatism describes the performance of actions without conscious thought or intention.

The defence has drawn a link between the use of sleeping pills and the condition, but police said the case should not proceed to trial on that basis.

Another case review hearing has been scheduled for October, with police intending to obtain their own specialist report prior to trial.

‘Non-resident settler’ guilty

A self-represented man who has been in the Whakatāne court system since late 2022 for drugs and firearms charges has been sentenced after being found guilty at trial – but he intends to appeal the conviction.

Grant Nigel Stanley, 57, was convicted of possessing cannabis for the purpose of supply, possession of cannabis seed, cultivating cannabis, unlawful possession of ammunition and unlawful possession of firearm magazines.

Stanley has previously described himself to the court as a non-resident settler and, when acting as his own lawyer, preferred to be called Grant Nigel.

In 2022, Stanley claimed before Judge Bidois that he had rights as an indigenous person to cultivate cannabis and said Māori had adopted cannabis into their customs and usage.

Stanley has been assessed as being a medium risk of reoffending.

This week, he was sentenced to home detention because he has a terminally ill partner, who he lives with and wants to support.

Judge Bidois said the offending warranted a sentence of imprisonment, but home detention was also appropriate.

He identified no mitigating factors that could reduce the length of the sentence.

Stanley was sentenced to two years’ prison, substituted for 12 months’ home detention, and six months’ post-detention conditions, including not to possess or use drugs or alcohol.

Judge Bidois ordered Stanley to pay costs of $1712 to the police, which were incurred when they had to send the seized cannabis to ESR NZ for analysis, because the defendant did not accept that it was cannabis.

Stanley said he reserved the right to take his case to the appellate court.

Disqualification backdated

A mandatory 12-month disqualification has been backdated by more than a year to allow a driver to get off a treadmill of offending.

Joshua David Prestidge, 39, received his seventh conviction for driving while disqualified after being caught in June last year.

At the time, he also pleaded guilty to breaching community work and supervision sentences.

He has since completed his outstanding community work hours.

His case stretched into this year while he attempted to get an indefinite disqualification lifted, which had been in place since 2010, so he could apply for a community-based sentence in lieu of a further disqualification.

He engaged with Tūhoe Hauora to work towards getting the disqualification lifted, but he fell on hard times financially after his house was burgled and could no longer afford to complete the process, so abandoned his application.

Defence lawyer Kylee O’Connor applied for the mandatory disqualification to be backdated so Prestidge would not have to completely start the process again.

Because the defendant had been on a bail condition not to drive for more than 12 months, Judge Bidois backdated the disqualification to the date of the offending, and sentenced Prestidge to four months’ community detention and 240 hours’ community work.

Assault victim brain damaged – police

A man’s “reckless” strike to his then-partner’s head has caused her permanent brain damage, the court heard this week.

Shaun Thomas Jenkins, 28, has been sentenced to five months’ home detention for the assault.

Judge Bidois said Jenkins struck the victim in the head, causing her to fall to the ground and lose consciousness. He then smashed her phone.

When the victim regained consciousness, she was bleeding from the back of the head and required stitches. She suffered a fractured skull and bruising to her brain.

Police prosecutor Jasmyn Pearson said the assault was serious and left the victim terrified of seeing Jenkins again.

The assault caused physical and emotional harm to the victim, who continues to receive ongoing treatment for concussion.

Police sought a prison sentence but acknowledged that Jenkins, a first-time offender, might warrant discounts.

Defence lawyer Whare Hika said Jenkins had engaged in counselling and took responsibility for his actions, including by writing a letter of apology.

The defendant was willing to engage in restorative justice, but the victim declined.

Although prison was the recommended sentence, Mr Hika asked Judge Bidois to step back from it.

He said Jenkins had supportive parents who were present in court for the sentencing and who had offered $500 in emotional harm reparations to the victim.

In addition to the five months’ home detention, Judge Bidois ordered for the $500 emotional harm reparation to be paid within a month, as well as $1678 in reparation for the broken phone.

Maximum community work

A sentence of imprisonment was reduced to the maximum possible number of community work hours for a man who admitted cultivating and possessing cannabis.

The court heard that Vincent John Kerslake, 35, was using cannabis to manage pain caused by a medical condition that he was born with.

He previously pleaded guilty to cultivating cannabis and possession of cannabis for supply.

Kerslake took full ownership of his actions, displayed genuine remorse, and has since become drug free with intentions to continue his life without cannabis.

He was said to have a good prospect of rehabilitation.

Judge Bidois said home detention was the normal sentence for these charges, with intensive supervision and community work recommended in his case.

The judge said given the defendant’s background, the steps he had taken to rehabilitate, and that his offending was motivated by a need to address pain, he would step back from a prison sentence.

Kerslake was sentenced to 400 hours’ community work and 18 months’ supervision.

An order was made for materials used in growing the cannabis to be destroyed, and for $1755 in cash and a phone to be forfeited to police.

Community sentence for assaults

A man who reached a low point in his life and was charged with five counts of assault when a whānau hui went poorly, has been sentenced to community work and supervision.

Billy Ray Maui, 38, was sentenced this week for three counts of assault on a person in a family relationship and one each of common assault and assault with a stabbing/cutting weapon.

Judge Bidois said Maui pushed his victims, family members, to the ground and punched them. He also grabbed a knife and waved it around.

Defence lawyer Steve Franklin said Maui has abstained from alcohol since the incident and was taking steps to rectify the situation, including by engaging with a social worker, who said the defendant had done everything he could to make the situation better.

Mr Franklin said Maui’s victims did not want him to be significantly punished by a sentence of home detention.

Judge Bidois said prison would have been justified for the offending, but sentenced Maui to 240 hours’ community work and 12 months’ supervision.

Section 94 invoked

Judge Bidois has invoked a section of the Land Transport Act that enables him to sentence drivers to something other than disqualification, to prevent Frank David Akuhata from getting on an offending “treadmill”.

Akuhata pleaded guilty this week to driving while disqualified on Te Puke Highway.

Defence lawyer Rebecca Plunket said the defendant wanted to make a section 94 application, but he had not done his existing 160-hour community work sentence.

Akuhata was originally disqualified due to demerit points and is in the process of moving to Papamoa, so he has more options to get around without driving.

Judge Bidois fined him $500 and sentenced him to nine months’ supervision.

“I don’t want to put you on a treadmill.”

Gun possession admitted

Shane Ashby has pleaded guilty to five charges of possession of a firearm, relating to four guns and ammunition.

“Why has the man got four guns?” Judge Bidois said.

Ashby was remanded to September for sentencing.

No disqualification for driver

Jacinda Bessie Houkamau has been sentenced to 80 hours’ community work and six months’ supervision for driving while disqualified.

It was her third conviction for driving while disqualified, all which occurred in the past year.

The court heard Houkamau was struggling with the recent death of a close family member.

Judge Bidois invoked section 94 of the Land Transport Act so the defendant would not be further disqualified for this offending. She must serve the remainder of her existing disqualification.

Sentencing delayed by breach

Rotorua scaffolder Maveric Abraham Te Aute Paul has had his sentencing for assault charges delayed by a month after he landed himself in custody for breaching bail.

Paul, 25, pleaded guilty last month to charges of assault on a person in a family relationship and injuring with intent to injure.

He was charged after handing himself in to police and was remanded on bail to be sentenced yesterday.

He accepted on Wednesday that he breached a bail condition by being in contact with the complainant.

Paul was readmitted to bail with a condition not to enter Whakatāne, Kawerau or any other Eastern Bay town, with a new sentencing date at the end of September.

Callover on Crown charges

James Peters has been sentenced on two breaches of sentences and remanded for a jury callover on charges being prosecuted by the Crown.

Peters was fined $400 and sentenced to 12 months’ supervision for breaching previous community work and supervision sentences.

He also faces charges of wounding with intent to cause grievous bodily harm, two counts of threatening to kill or cause grievous bodily harm, burglary, wilful damage and aggravated assault.

Peters was remanded to October.