Staff Reporter
A MAN who held up an Ōpōtiki petrol station has been imprisoned for two years on charges of assault with intent to rob and possession of cannabis.
Rongopai Pene, 24, pleaded guilty to the charges in the Ōpōtiki District Court last week before Judge Louis Bidois.
In sentencing Pene, the judge said he should have the sentence substituted to home detention only if he was admitted to a facility that could address the mental health issues he faces.
“Giving him home detention back into the community without support would be fatal,” Judge Bidois said.
The court heard the defendant entered the service station and talked to the attendant before leaving.
When he returned, he struck the attendant several times while demanding money. Another employee stepped in, and Pene decamped.
The defendant’s father addressed the court to share that the day of the offending, Pene went into town, lost his wallet and was likely upset with himself as a result.
He said his son was quiet and struggled to express himself.
Judge Bidois said the victim suffered swelling and cuts to the left side of his head.
He declined the assistance of ambulance staff but said he was emotionally shocked by how things unfolded, and was annoyed he did not keep a better eye on Pene.
Other court appearances:
Couple sentenced for shotgun under bed
A COUPLE who admitted having an unloaded 12-gauge pump action shotgun under their bed have each been sentenced.
Alfy Abbey Edwards and Chalice Dee Angel Moana-Ayers were each charged earlier this year with unlawful possession of a firearm and ammunition.
Moana-Ayers admitted both charges immediately, but Edwards, who has gang associations, pleaded not guilty.
Police eventually withdrew the ammunition charge against Edwards, and he pleaded guilty to possession of the shotgun, which was unloaded and under his bed.
In the Ōpōtiki District Court last Thursday, defence lawyer Nicki Franklin said the gun was used for pest control and sport on the rural property that the defendants live on. She said Edwards’ gang associations were not the reason he owned the gun.
The court heard the 29-year-old had no other firearms convictions, except for a hunting charge almost a decade ago, and he had not been in any legal trouble for more than a year.
Mrs Franklin said Edwards had given up alcohol and drugs.
A pre-sentence report recommended Edwards be sentenced to intensive supervision and community work, but Judge Louis Bidois said that would be an inappropriate outcome given the local climate.
The judge acknowledged that although there was a legitimate explanation for Edwards possessing the gun, the danger was its other uses.
Edwards was sentenced to six months’ home detention.
Moana-Ayers was assessed as being a low risk of re-offending and Judge Bidois said he considered her culpability to be less than her co-offender’s.
“I put this down to misguided loyalty,” he said.
The court heard Moana-Ayers had been in the relationship for 12 years and was now involved in her church while living an alcohol, drugs and violence-free life.
She was sentenced to 160 hours’ community work and nine months’ supervision.
Home D for strangulation
JARED Renata Te Moana, 40, was sentenced to home detention last week after he admitted that he strangled and “ragdolled” his then-partner.
Judge Bidois said the defendant placed his hand around the victim’s neck, with another on the back of her head, then lifted her off the ground and onto the couch, where he strangled her.
The strangulation was estimated to have gone on for about 10 seconds, before Te Moana released his grip, grabbed the victim by her ponytail and “ragdolled” her, the judge said.
The victim was left with a sore throat, changes to her breathing, and bruises all over her body.
Te Moana was sentenced to 6.5 months’ home detention and a protection order was issued.
Home gardener remanded
A SELF-REPRESENTED Ōpōtiki woman has been remanded without plea until next month after telling the judge she had limited time to spend waiting around in court.
Susan Daphne Green, 63, was charged in August for possessing two air guns, when her firearms licence had previously been revoked.
The guns were a Ruger Blackhawk Elite air rifle with a telescopic sight and a Vigilante air pistol.
After the first two matters of the day had been called, Green stood up in the public gallery and requested to speak to Judge Bidois.
“I’ve got a terminal illness, and I don’t have time to waste,” she said.
“I’d like to go home and get back to my garden because I don’t have much time left.
“I was asked to appear at 10am. It’s now 10-past and I’m running out of tolerance.”
Green entered no plea to the charge of unlawful possession of a non-prohibited weapon. She requested police disclosure be sent to her and referred to a search warrant conducted by the police as being “terroristic”.
First offender goes on spree
WHEN young Kutarere man Deontaye Puha-Stewart was denied entry to a bar because he did not have ID, he went on a spree of offending that saw him take a car, credit cards and spend $167.
He was a first offender.
Puha-Stewart, 19, admitted charges last week of unlawfully taking a car, wilful damage, unlawful interference with a motor vehicle, theft from a car, and two counts of using a document for pecuniary advantage.
He denied a second charge of theft from a car and assault with intent to injure.
Judge Bidois said along with the credit cards, the defendant stole a $50 gift voucher and a driver’s licence, for which he was ordered to pay $100 in reparation.
Reparations of $68.79 and $98.65 were also ordered.
Puha-Stewart was sentenced to 180 hours’ community work.
Guilt admitted
TE HARAWERA IRIMANA has pleaded guilty to presenting a firearm at a person, among four other charges.
On his initial appearance last week, he pleaded guilty to charges of common assault, disorderly behaviour, injuring with intent to injure and assault with a blunt weapon.
He was recalled later in the list, at which point he pleaded guilty to presenting the firearm.
Irimana was remanded in custody until next month for sentencing.
Released on sentence
ŌPŌTIKI woman Natasha Haare has been released from police custody on a sentence of supervision, after being held since March.
Haare, 29, pleaded guilty last week to charges of theft from a car and a representative charge of burglary.
Judge Bidois said the defendant went onto motel property on two occasions looking for something to steal, but did not take anything. She also stole a boom box from a car.
Haare was sentenced to 12 months’ supervision. No reparation was ordered.
One guilty plea
ŌPŌTIKI woman Tui Terina Maxwell-Hayes has admitted using a steel chair as a weapon to assault a man, but she denied eight other charges.
Maxwell-Hayes, 26, pleaded not guilty to other charges of injuring with intent to injure, wilful damage, unlawful possession of a pistol, reckless driving, threatening behaviour, and two counts of common assault, all alleged to have happened on the same day as the charge she admitted.
The defendant also denied a charge of possessing a cannabis bong.
She was remanded to reappear at the end of October.
Charges denied
KAHU Lee Kahika has pleaded not guilty to a raft of charges.
He has denied charges of assault with intent to injure, theft from a car, threatening to kill, escaping police custody, failing to stop, reckless driving, receiving stolen property and possession of an offensive weapon.
Judge Bidois granted Kahika bail, delayed until next week.
Cannabis possession admitted
WAIOTAHE woman Tammy Jacqualin Te Iwi Heurea, 31, has admitted being in the possession of cannabis for the purpose of supply.
She was remanded to November for sentencing.
Repeat drink driver sentenced
A FIVE-TIME drink driver who crashed his car has been sentenced to community work and intensive supervision.
Joshua Maharangi Khan, 52, was twice the legal limit of 400 micrograms of alcohol per litre of breath when he crashed. He was unharmed, but was admitted to hospital and his car was written off.
The court heard that Khan was subject to a sentence of supervision at the time and understood that the consequences could have been worse.
Defence lawyer Nicki Franklin said the defendant freely admitted he had an issue with alcohol and wanted help.
Judge Bidois said Khan was assessed as being a high risk of harm from alcohol use.
A report identified him as living a secluded life, but he expressed a desire to re-engage with the church.
Khan was sentenced to 300 hours of community work and 12 months’ intensive supervision. He was indefinitely disqualified from driving.
Further remand
ANOTHER case review hearing has been scheduled for Mark Richmond, who has pleaded not guilty to driving while disqualified.
The court heard that no progress had been made on a case management memorandum and the original case review hearing could not proceed as expected last week.
Richmond was remanded to a date next year.
Flea treatment pinched
ŌPŌTIKI woman Avis Parakuka, 36, has been fined $200 for shoplifting flea tablets valued at $40 from The Warehouse Whakatāne.
She was ordered to pay $40 in reparation and was told by the judge to keep her fingers to herself.
Convictions on driving charges
YOUNG Ōpōtiki man Arthur Hata has pleaded guilty to four driving charges and one of intentional damage.
The 18-year-old was remanded to October for sentencing on charges of careless driving, intentional damage, failing to stop for police and two counts of dangerous driving.