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A DRUGGED driver has been sentenced to home detention following a crash that left a woman with serious injuries, including a fractured spine and multiple broken bones.
Morris Matenga, 38, appeared in the Whakatāne District Court on Wednesday having pleaded guilty to driving causing injury while under the influence of methamphetamine, possession of an offensive weapon, two counts of possession of methamphetamine, unlawful possession of ammunition, receiving property valued over $1000, unlawfully carrying a firearm, unlawfully possessing prohibited magazines and wilful damage to a police vehicle.
Judge Melinda Mason said Matenga was driving a Mitsubishi motor vehicle at 4.50pm along a two-lane rural highway with a 100kmh speed limit.
The Tāneatua man crossed the centre line towards a car towing a trailer.
The oncoming car managed to swerve but Matenga’s vehicle hit the trailer causing the victim’s car to roll.
Matenga was found to be driving with 680 nanograms of meth per millilitre of blood. The level of meth considered high risk for driving is 50 nanograms.
Judge Mason read the victim impact statement in which the 77-year-old victim said she suffered immense trauma from the rolling of the car, and being stuck in the vehicle until the emergency team arrived.
She had glass stuck in her throat and a vertical fracture in her top spinal bone, resulting in her being helicoptered to Auckland Hospital.
She also suffered five broken ribs, a broken collarbone, a broken right foot and crushed tendons.
“She can only walk short distances, and her scar is tender to touch. She has had to take time out from her business and her car was destroyed,” Judge Mason said.
Matenga was also convicted of receiving a stolen Foton Ute valued at $5000, possession of a machete, unlawfully possessing .308 ammunition, .22 calibre magazine capable of holding 15 rounds, and a 223-calibre rifle.
Judge Mason sentenced Matenga to nine-and-a-half months’ home detention with six months’ post-detention conditions.
He was disqualified from driving for 12 months, ordered to pay $500 emotional harm reparation, and $1700 reparation.
An order was made for destruction of the ammunition, magazine and firearm.
Other court appearances
Indecent assault on minor
AN Edgecumbe man will face trial on a raft of sexual assault and drugs charges.
The 46-year-old man, who has interim name suppression, appeared in Whakatāne District Court on Wednesday and has pleaded not guilty to rape, unlawful sexual connection and indecent assault of a girl aged between 12 and 16, and two counts of selling cannabis to a person under the age of 18.
The man has yet to plea to a further three charges of selling cannabis to a person under 18.
On these charges, he was remanded by Judge Melinda Mason until November 12.
On the trial charges, the man was remanded until January 31.
Contravening protection order
A MAN has pleaded guilty to contravening a protection order.
Camillo Galvin was convicted of the breach and Judge Mason ordered a presentence report.
His lawyer, Lisa Ebbers, said Galvin had instances of previous offending involving the same complainant.
Sergeant Ian Dodds asked for the continuation of an order that requires Galvin not contact the complainant, which was granted.
He was remanded to December 4 for sentencing.
Excess breath alcohol
A WHAKATĀNE man has been sentenced on a drink-driving charge.
Jerry Te Pania, 33, was charged with driving with excess breath alcohol and driving contrary to his alcohol interlock licence.
He was caught driving with a breath alcohol level of 772 micrograms of alcohol per litre of breath. The legal limit for driving is 250mcg.
Sergeant Dodds told the court this was Te Pania’s sixth excess breath alcohol charge.
His lawyer, Rebecca Plunket, said Te Pania did not have a vehicle to install an interlock in when he was initially sentenced, and she wanted to help him through an application to re-sentence.
Sergeant Dodds told Judge Mason he had no opposition to Te Pania being re-sentenced.
“We need to get people off the treadmill,” he told Judge Mason.
Judge Mason told Moeke he “did all the right things”, but it was difficult to exit an interlock licence.
On the excess breath alcohol conviction, Te Pania was sentenced to 40 hours of community work and disqualified from driving for 12 months.
Shoplifting from Rebel Sport
A WHAKATĀNE woman has been convicted of a shoplifting a pair of Puma sneakers.
Jordahne Richards, 37, pleaded guilty to shoplifting property valued under $500. She stole a pair of black and white Puma shoes from Rebel Sport Whakatane, valued at $139.99.
Judge Mason convicted and discharged Richards and ordered her to pay $139.99 reparation to Rebel Sport.
Richards is also facing charges of offering to supply methamphetamine, two counts of offering to supply cocaine, two counts of offering to supply ecstasy, and offering to supply cannabis.
On these charges, she was remanded until January 29.
Damaged council cars
TE Maunganui Everest Singh-Lagah, 30, has been charged with damaging four vehicles, including two belonging to Whakatāne District Council.
The Whakatāne man faces four counts of intentional damage to property.
On October 20, he allegedly damaged two Toyota Corollas, property of Whakatane District Council. He is also alleged to have damaged a Subaru Legacy and a Volkswagen Amarok.
Judge Mason remanded Singh-Lagah on bail until November 12, with a condition not to go within 100 metres of the Whakatane CBD.
Unlawful sexual connection
A KAWERAU man has been remanded without plea on a charge of unlawful sexual connection.
The 30-year-old man, who the Beacon has agreed not to name, has been charged with unlawful sexual connection with a male over the age of 18.
He was remanded until November 7 for plea.
Drink driving from family fall out
A WHAKĀTANE woman has received a sentence of community work after drink-driving following a family disagreement.
Karen Moeke, 67, was sentenced to 40 hours of community work and disqualified from driving for 12 months.
Her lawyer, Jonathan Kay, said Moeke had no intention of driving that night.
“She was staying with her son, but they had a falling out. She decided to leave and was on her way to her other son's house, and was tested at a police check,” Mr Kay said.
Judge Mason said Moeke had two previous convictions of drink driving, one in 2015, and another in 1999.
“I understand the context, you were driving away from a family dispute. I get that, but you absolutely can’t.
“I understand it’s really hard when there’s not a lot of public transport options,” Judge Mason said.
Refusing to give blood for testing
A WAINUI man has been sentenced on driving and firearms charges.
Rhys Falwasser, 43, was convicted of refusing to provide a blood sample for testing as requested, careless driving and possession of a non-prohibited firearm.
This is Falwasser’s third conviction for refusing to give blood.
His lawyer, Leonard Hemi, said his client had been on a hunting trip with some family members, and a cousin had left the firearm in his car.
Judge Mason disqualified Falwasser from driving for 28 days, to be followed by a 12-month disqualification. She told Falwasser he would have to go through an assessment course before he was able to regain his driver’s licence.
He was sentenced to 60 hours of community work, and an order was made for forfeiture of the firearm.