Maraenui man Boaza Ioane has been given a suspended sentence for attempting to grow his own cannabis when he could not afford the expense of legitimate medication.

Lawyer Whare Hika said Ioane, 64, receives a benefit and could not afford to buy his prescribed medication at a cost of about $100 for a two-week dose.

He did not state in court what condition Ioane was diagnosed with, but said the defendant’s wife had the same one and was in the same situation regarding medication.

Police found 50 seedlings and 18 plants of different heights. Mr Hika said none of the plants were mature, so they were therefore unusable.

Police prosecutor Jasmyn Pearson said there was no commerciality involved in the offending.

In the Ōpotiki District Court last Thursday, Judge Melinda Mason said that given the defendant lived on the coast, the sentencing options were limited. She ordered him to come up if called upon for a period of six months.

The judge said she could understand why Ioane turned to cannabis, and that she didn’t understand why the medication was so expensive, but warned the defendant that he would end up back in court if he continued growing cannabis.

Remand for sentencing

Jennifer Whakatihi will appear in the Whakatāne District Court for sentencing after having her charges resolved in the Ōpōtiki court last week.

Whakatihi pleaded guilty to an amended charge of speaking threateningly, which joined charges of refusing to undergo a compulsory impairment test, two counts of common assault, failing to answer police bail, assault with a blunt instrument, wilful damage, careless driving, unlawfully taking a motor vehicle and driving while suspended.

Police withdrew a charge of shoplifting.

Lawyer Whare Hika asked Judge Melinda Mason if she would be minded to sentence Whakatihi on the same day, but she declined because she was unfamiliar with the case.

Whakatihi was remanded in custody to be sentenced in Whakatāne next month, because the next available sentencing date in Ōpōtiki would have had her waiting until October.

Short prison sentence

Ōpōtiki man Kahu Kahika is likely to be released from prison on a time-served basis after being sentenced last week.

Kahika pleaded guilty to assault on a person in a family relationship. Police withdrew a charge of speaks threateningly.

The court heard Kahika was being held in custody on remand, having completed a prison sentence for other charges at the end of June.

Lawyer Whare Hika said the defendant was remorseful for his behaviour.

Judge Mason said there was no recent family violence in Kahika’s criminal history, with the most recent conviction being in 2020.

She sentenced him to one month in prison, which she noted would likely be time-served given the length of time he had been in custody on remand.

A condition was added to Kahika’s release conditions that he would be referred to a departmental psychologist upon release. The referral was ordered in lieu of a non-violence programme, because Corrections deemed Kahika to be too high risk to attend them.

First offender sentenced for cannabis

Hawai woman Andrea Barnes has been sentenced to nine months’ supervision after she was found to be growing cannabis to treat her severe nerve damage.

Barnes, 50, pleaded guilty last week to a charge of cultivating cannabis. It was her first time before the courts.

Police found her in possession of 230 plants, with 218 of them being between two to three metres high.

It was accepted that the cannabis was for personal use and there was no evidence of commerciality.

Lawyer Jonathan Kay said Barnes had severe nerve damage, which was being treated with prescription medication, but she went off it.

He said the defendant was aware of the option for a medicinal cannabis prescription, but that it came at a significant cost.

Mr Kay submitted that a sentence of supervision would be appropriate.

In addition to nine months’ supervision, an order was made for the destruction of the plants.

Judge Mason told Barnes to go to her doctor to find an appropriate way to medicate herself, otherwise she would end up back in court.

Driver granted time

A remand of 10 weeks was granted to allow Nicholas Gordon time to lift an indefinite disqualification prior to sentencing.

Gordon has been charged with two counts of driving while disqualified.

The court heard that he had not been able to get the medical test completed which is required to remove the indefinite disqualification.

Judge Mason adjourned the sentencing to allow Gordon to do so.

Young man took mother’s car

Young Ōpōtiki man Smokey Biddle, 21, has been sentenced to supervision after he took his mother’s car and drove it from Auckland to the Eastern Bay.

Biddle pleaded guilty last week to charges of assault on a person in a family relationship, unlawfully taking a motor vehicle and being an unlicensed driver.

Lawyer Jonathan Kay said the defendant had a limited criminal history, and the police summary of facts was largely accepted.

The defence disputed the extent of the injuries that were said to be sustained in the assault.

Mr Kay said Biddle drove the vehicle very slowly toward his mother, who was standing still and moved out of the way.

He submitted that the injuries described in the summary of facts were believed to have occurred in a separate incident that Biddle was not involved in, the night prior.

Biddle drove the Nissan Murano from where he was living with his mum in Auckland, to Ōpōtiki where his nan is.

The vehicle has since been returned to Biddle’s mother without damage.

Mr Kay said Biddle was unemployed and currently assisting in caring for his nan.

Judge Mason warned Biddle about the seriousness of the convictions, and the potential for them to compound to worse penalties.

She sentenced him to nine months’ supervision.

Sentence to support new dad

Deontaye Stewart-Puha has had a community work sentence replaced with supervision, to support him in the next phase of his life.

The 20-year-old pleaded guilty last week to charges of assault on a person in a family relationship and breaching community work.

The court heard that Stewart-Puha was hit over the head with a coffee cup and he struck back. One of the victim’s teeth was knocked out.

Stewart-Puha said he sustained a gash from the initial strike, which another family member present said was “bigger than her finger.”

Judge Mason discharged him without conviction for the assault. She said he was a first offender at the time.

When he appeared in court last week, Stewart-Puha had 105 community work hours outstanding from a sentence he received for subsequent offending.

He has completed 75 hours. An in-court probations representative said he had reported for community work 10 times since June.

Lawyer Jonathan Kay said the defendant missed community work recently because of dental surgery, but he was back up to fitness and would be able to report regularly.

When addressed directly by the judge, Stewart-Puha said his lack of attendance was due to a combination of the dental work and slacking off.

She thanked him for his honesty and said she would not be adding to the community work sentence.

The Probations representative said Stewart-Puha would be a new dad in two months, and they supported the community work being replaced with supervision, so the defendant could be given support.

Judge Mason cancelled the outstanding community work and imposed six months of supervision.

Aucklander to return home

Jacob Waller has been released from police custody on orders to re-engage with the probation service in Auckland this week.

Waller was sentenced to 40 hours’ community work for a charge of possession of a knife in public.

The court heard that Waller was due to appear in an Auckland court last Wednesday, but failed to do so.

He travelled to family in Edgecumbe, where he was arrested and taken into custody to appear in Ōpōtiki District Court last Thursday.

According to the police summary of facts read in court, Waller was near Britomart in Auckland on May 3, when he was arrested because he matched the description of a person of interest.

The arresting officers found Waller in possession of a large meat cleaver.

He explained that he took it from “one of the boys.”

In court last week, Waller told the judge that he did not want them to stab anyone.

A destruction order was issued for the knife.

Waller is subject to release conditions until February. Duty lawyer Lisa Ebbers said he was compliant until May.

“I really was trying my hardest,” the defendant said from the dock.

“This is my last chance to turn my life around.”

Ms Ebbers said Waller wanted to return to Auckland and re-engage with his sentence. He was ordered by Judge Mason to do so by Monday.

Community work cancelled

Opape man Carne Kauwhata has been convicted and discharged without penalty for breaching his community work sentence.

Judge Mason cancelled the 12.5 hours that were outstanding from the originally 140-hour sentence.

Remand for sentencing

Chayse Davis is due to be sentenced in October for two drink driving offences.

Davis pleaded guilty last week to driving with excess breath alcohol and careless driving under the influence of alcohol causing injury.

The court heard that police were waiting for medical records regarding injuries sustained by the victim.

Davis was remanded to mid-October for sentencing. Restorative justice and a pre-sentence report were ordered.

Charge amended

Mark Carnell pleaded guilty to a charge of assault on a person in a family relationship.

He was remanded at large to October for sentencing, allowing time for restorative justice to occur.

The charge was amended down from one of assault with intent to injure.

Police prosecutor Jasmyn Pearson said Carnell had apologised, as had the victim.