An Eastern Bay man has been sentenced to three years’ prison on a series of dishonesty charges resulting in the theft of $163,000.

Matthew Black, 39, was charged with theft by a person in a special relationship, driving with excess breath alcohol, breaching his community work sentence, obtaining by deception an amount between $500 and $1000, unlawfully taking a motor vehicle, unlawful conversion of a motor vehicle, and two counts of obtaining by deception over $1000.

At his previous appearance in the Whakatāne District Court, Judge Louis Bidois had remanded Black to give him time to pay back the funds.

He had told the court his partner had agreed to access her KiwiSaver early to pay off part of the fines.

However, when he appeared for sentencing on Wednesday, defence lawyer Kylee O’Connor said the couple were unable to access these funds.

“She only had $50,000 in KiwiSaver. There were then financial hardship conditions, which she didn’t meet because she has a job,” Ms O’Connor said.

“He and his partner are upset about the outcome today,” Ms O’Connor said.

Ms O’Connor said Black started obtaining by deception after being threatened over a debt he owed a friend.

She said he was also robbed, which hindered him from making payments.

Judge Bidois said Black had been dealing with this situation for a year.

“I remanded him – he never came up with a cent. For the victim’s sake, I wanted to give every chance to get some money.

“You have a raft of charges of effectively ripping people off. You hoped to access some funds, I knew you wouldn’t.

“The reality is, it’s time for sentencing,” Judge Bidois said.

He said this was not Black’s first foray into obtaining by deception.

“You’re back at it,” he said. “You have no proof of remorse – you haven’t come up with a single cent.

“You promised the world and delivered nothing.”

Black was sentenced to three years’ imprisonment and disqualified from driving for 12 months and one day.

Judge Bidois said he would not make an order for reparation because Black did not have the means to meet it.

Aggravated burglary results in ongoing anxiety

The owner of a small business burgled by Lamuel Herbert has told of the impact his offending had on her and her staff.

Herbert, 31, appeared in the Whakatāne District Court on Wednesday for sentencing on a charge of burglary with a weapon, five charges of shoplifting, unlawfully taking a motor vehicle and a breach of his release condition.

Herbert had previously admitted robbing Jewelz on February 27 while carrying a hammer and unlawfully taking a Mazda Premacy in Auckland.

The shoplifting offences included stealing $875 worth of clothing from Stirling Sports on February 25, $247.97 worth of alcohol from Liquor King Whakatāne on February 17 and stealing $240 worth of meat.

The owner of the store burgled told the court they had already been the victim of two shopliftings, three night-time ramraids and another aggravated robbery.

Following this incident, anyone coming into the store wearing sunglasses and hats would make her and her staff feel anxious.

During the burglary, she had yelled at Herbert to “get out” after he took to the glass cabinets in the store with a hammer. She said her legs gave way in the moment.

She said she had been accused of “not caring” about the defendant.

This was unfair; she wanted to see him stop this kind of offending.

“I lay on the floor helpless. My actions did not cause him any harm; he cannot say the same,” she said.

Judge Bidois said Herbert had first visited the store to scope out the area, then returned later with a hammer.

He said the hammer was used only to access the glass cabinet and was not aimed at any person.

“You admit your offending is a result of you consuming drugs,” he said.

Herbert was sentenced to three years and nine months’ imprisonment and ordered to pay reparation of $2000 for the aggravated burglary. He must also pay full reparation to the other stores he stole from.

Sexual assault against teen

A man has been charged with two counts of sexual assault against a teenage girl.

The 61-year-old man was granted interim name suppression when he appeared in Whakatāne District Court on Wednesday charged with rape and unlawful sexual connection against a female aged between 12 and 16.

The acts are alleged to have happened in March 2009, and both charges involve the same complainant.

The man, who is in custody serving another sentence, was remanded on these charges until July 17.

Resentenced from home detention

Shane Toman has pleaded not guilty to two new charges and been remanded in custody for case review on July 31.

Toman was charged with driving while disqualified and breaching the home detention sentence he was serving on charges of aggravated careless driving, failing to stop or to ascertain injury, unlawfully carrying a firearm, procuring methamphetamine, possessing utensils used for meth and possessing cannabis plants for supply.

He had served four months of the six-month sentence at the time of the breach.

Toman was remanded in custody and resentenced, so the outstanding home detention became four months’ imprisonment.

Attacked victim in shower

A man has pleaded guilty to assaulting his partner while she was taking a shower.

Aaron Coppin pleaded guilty to an assault of a person in a family relationship and wilful damage.

He had initially been charged with assault with intent to injure and escaping police custody, but these charges were withdrawn by police because of evidentiary issues.

Judge Louis Bidois said Coppin had become angry after reading a message in his partner’s phone. He grabbed the victim by the neck while she was showering and held her under the running water.

He threw her phone to the ground, breaking it.

He said the victim experienced soreness and redness on her neck and forearm from the assault.

On the assault charge, Coppin was fined $500 plus court costs and ordered to pay $400 emotional harm reparation to the victim.

On the wilful damage charge, he was fined $300 plus court costs and ordered to pay $500 reparation.

Assault of three children

A Whakatāne man has been sentenced following assaults on three children.

Matthew Anderson, 36, pleaded guilty to assault with intent to injure and three counts of assaulting a child.

The charges related to two separate instances involving three victims, which occurred in January 2024.

The court heard that since the incident, Anderson had taken steps to show remorse, participating in restorative justice with the victims. He had also participated in counselling.

“You appear to be genuinely remorseful, and ready to be a better father to your children and stepchildren,” Judge Bidois said.

“You said it was shameful what you did, and it was important to work on yourself with counselling so you could better support your family.

“The severity of these charges justifies imprisonment – but your response has been excellent, and the victim is supportive.”

Anderson was sentenced to 12 months’ intensive supervision, 160 hours of community work and ordered to pay $250 in emotional harm reparation to each victim.

Single blow to older person

A man has been sentenced after attacking an older woman in her home.

Kale Marr pleaded guilty to assaulting a person with intent to injure.

His lawyer, Lisa Ebbers, said Marr had taken all the steps necessary to rectify the situation through restorative justice, but the victim had declined to participate.

She provided a letter from Marr, saying it showed his insight into the incident.

Judge Bidois said the victim was still recovering after Marr had visited her address following a previous incident and assaulted her in her home with a single blow.

“She is still recovering; she is a much older person than you. It was just before Christmas and emotionally shook her up,” Judge Bidois said.

“You assaulted the victim at her address, where she should have felt safe.”

Marr was fined $400 plus court costs and ordered to pay $500 emotional harm reparation to the victim.

Trial date set

A man has had a burglary charge set down for a judge-alone trial, after appearing on a new charge.

Latahnio Millan was recently arrested on a charge of assault with intent to injure in Whakatāne, to which he has pleaded not guilty.

He has pleaded not guilty to burglary, which has been set down for a judge-alone trial at the Tauranga District Court on June 16.

He also pleaded guilty to two Tauranga charges, which Judge Bidois sentenced him for, including escaping police custody and possession of a knife in a public place.

Millan was fined $400 plus court costs for each charge, and an order for forfeiture was made for the knife.

Millan was remanded until July 3 on the Whakatāne charge for case review.

Third Michael Hill burglary offender sentenced

The getaway driver in the Michael Hill Jewellers burglary has been sentenced to 11 months’ home detention.

David Hampton, 23, appeared for sentence on charges of burglary with a weapon and unlawful possession of a firearm.

Because the charges were unrelated, Judge Bidois dealt with them separately.

While his three co-offenders in the Michael Hill burglary initially pleaded not guilty, Hampton admitted his role and secured a place in a rehabilitation facility. Two of his co-offenders have already been sentenced, both receiving 33 months’ imprisonment.

Hampton was supported by plenty of whānau in the public gallery and listened as Judge Bidois apologised for the delay in his sentencing that day after he and his whānau had travelled from Auckland.

Judge Bidois said Hampton was the driver for the group committing the burglary. He dropped his three co-offenders off, who entered Michael Hill with hammers and crowbars.

When the store’s security kicked in, the fog cannon was set off and the doors locked. At this point, Hampton reversed into the entrance door of the store, giving his co-offenders a chance to escape.

He drove the group away and they were later apprehended by the police.

Judge Bidois said the offending was the result of negative social influences and poor decision-making.

“You are as culpable as your offenders, and you facilitated their escape,” he said.

“You changed it from a smash and grab to essentially a ram-raid.”

He said mitigating factors were Hampton’s immediate guilty plea, his motivation to get help, seven months spent on electronically monitored bail in a rehabilitation centre and his youth.  

“But, at the end of the day, that shop is now closed as a direct result of your offending.

“There was previous similar offending, but you were the straw that broke the camel’s back,” Judge Bidois said.

Hampton was sentenced to seven months’ home detention and ordered to pay $2000 reparation.

“It’s a modest amount due to the harm you effectively caused,” Judge Bidois said.

On the firearm charge, Judge Bidois said the firearm was found in Hampton’s possession at a time of high gang conflict.

“The explanation at the time was it was used to kill a beast. That may very well have been the explanation, but at that time it could have also been used for protection or retaliation for what had happened,” Judge Bidois said.

On that charge, Hampton was sentenced to four months’ home detention and an order for forfeiture of the firearm. The home detention was cumulative, resulting in a sentence of 11 months.

“You’ve come a long way Mr Hampton. There’s still a lot of progress to be made. Any breach and the consequence will be jail,” Judge Bidois said.