The driver in a drive-by shooting in Whakatāne two years ago, which saw a man shot in the head, has avoided a prison sentence.

Mana Taitapanui, 20, appeared in Whakatāne District Court for sentencing before Judge Louis Bidois on Wednesday, having pleaded guilty to wounding with reckless disregard and discharging a firearm to intimidate.

The offending involved a co-offender firing five shots into a house, resulting in a bullet being lodged in the victim’s head. That co-offender was imprisoned at a sentencing three months ago.

Lawyer Rebecca Plunket argued that Taitapanui played a lesser role in the shooting, and distinctions in the actions of each man should be reflected in sentencing.

She acknowledged the vulnerability of the victim who was shot in his own home, and said the defence accepted an element of gang warfare in the offending, despite the victim not being a gang member.

Taitapanui was 18 years old at the time and had been involved in the Black Power gang from a young age.

Ms Plunket said gang warfare, including “blue versus red”, was instilled in him from day dot.

Although the victim was not a gang member, those in the car thought that was the situation.

The shooting occurred just days after Taitapanui witnessed the violent death of a close friend and Ms Plunket said his young age meant he was unable to fully think through his actions when he was full of adrenaline.

She said Taitapanui relocated to Auckland in early 2024 due to the gang warfare, pursuing the SafeMan SafeFamily redemption programme of his own accord and entering residential rehabilitation at the beginning of this year on a home detention sentence for separate offending.

He continues to engage with a community centre in Rotorua.

Judge Bidois referred to intake and graduation reports from the Auckland rehabilitation facility to demonstrate the stark difference between the defendant’s attitude at the beginning of the programme compared to the end.

He said Taitapanui was described as displaying continual growth, respectful behaviour and commitment to community development.

The judge agreed that there was a distinction between Taitapanui’s offending and that of his co-defendant, but he said it was a matter of how much.

“I accept you didn’t pull the trigger, but you can’t have a drive by shooting without a driver. You played a material role.”

Judge Bidois ultimately decided that jail would undo the Auckland rehabilitation work.

Taitapanui was sentenced to 10 months’ home detention, which was reached from a four-year prison starting point.

Pleas entered

Kawerau man Whitiora Tuwairua, 38, is due back in court today to make a bail application, after he pleaded to charges on Wednesday.

Tuwairua pleaded guilty to the wilful damage of a Whakatāne police cell and threatening to cause grievous bodily harm.

He denied charges of impeding breathing or blood circulation, threatening to kill and two counts of assault on a person in a family relationship.

No plea was entered to an additional charge of wilful damage, relating to Kawerau Police Station.

Tuwairua was remanded in custody to January for a case review hearing on the denied matters, but he is expected to apply for bail today.

Readmitted to bail

Taylor Gordon has been readmitted to electronically monitored bail after breaching his conditions by going to support his partner in hospital.

The application was opposed by Taranaki Crown prosecutor Rebekah Hicklin, who said Gordon was facing a charge of rape in Whanganui.

Gordon is due to go to trial before a judge alone on Thursday for Whakatāne charges of assault on a person in a family relationship, assault with intent to injure and speaks threateningly.

His next scheduled appearance in Whanganui is scheduled for March.

Trial date set

A judge-alone trial for Joseph Ngaheu has been scheduled in April.

Ngaheu denies charges of injuring with intent to cause grievous bodily harm, two counts of assault with intent to injure and two counts of threatening to kill or cause grievous bodily harm.

He was remanded in custody.

Re-sentencing request granted

A young man previously sentenced to community work for a conviction of injuring with intent to injure will get a new sentence in the new year.

William Fowell pleaded guilty this week to breaching his community work sentence after completing 105 of 300 hours.

He personally applied to have his sentence cancelled, citing transportation issues, having a newborn son, and that he was trying to find employment.

Judge Bidois said it was possible the new sentence would be more restrictive than community work.

“He got quite a good sentence for that level of charge.”

Fowell was remanded to January 23 for sentencing, with a pre-sentence report ordered, along with community detention and home detention appendices.

“All sentencing options are open; we’ll see where we get to,” the judge said.

Driver reached for dropped cigarette

Tāneatua man Baylee Pouwhare must complete 240 hours of community work after his drink driving – and reaching for a cigarette – caused a head on collision.

The 27-year-old was driving on Matahi Valley Road on June 20 when he bent down to pick up a smoke, crossed the centreline, pulled back into his own lane and crashed head-on into a vehicle travelling the opposite direction.

Pouwhare had a breath alcohol level of 594 micrograms at the time. The legal limit is 250 micrograms.

Two people in the other car, including a child, were injured.

He was charged with driving with excess breath alcohol and careless driving causing injury.

Pouwhare was also disqualified from driving for nine months and must pay $1850 in reparation - $1500 for insurance excesses and $350 in emotional harm.

The sentence encompassed two fresh convictions for prohibited displays of gang insignia. Pouwhare was ordered to forfeit a Mongrel Mob beanie he was seen wearing in June, and a pair of shorts he wore in October.

Trial date scheduled

The court has scheduled a trial date in March for Jayden Brown, who denies charges of assault on a person in a family relationship, threatening to kill, driving dangerously and two counts of breaching a protection order.

His lawyer, Rebecca Plunkett, sought a bail variation to allow him to travel through Ōpōtiki to family land on the Coast.

A decision was deferred to today, so specific travel dates could be provided to the court.

Arson-accused to wait six months for trial

Morris Mitchell will go to trial at the end of May for charges of arson, aggravated assault and injuring with reckless disregard.

The trial is expected to take a day and a half.

Suspended sentence for breaches

Whakatāne man Lawson Maui has been granted a chance to stay out of prison after he admitted two breaches of his home detention sentence, which concludes in three weeks.

Maui, 21, was ordered to come up if called upon for a period of six months.

The sentence came with advice from Judge Bidois that Maui could not breach his sentence again, because the usual outcome is jail.

Trial scheduled

Fairmond Popata-Edwardson is scheduled to go to trial in March on charges of prohibited display of gang insignia and resisting police.

His attendance was excused this week. Lawyer Rebecca Plunket pleaded guilty on his behalf to a charge of breaching bail, which was then discharged without penalty.

Prison sentence

Whakatāne woman Ngamare Maaka was sentenced to six months’ prison after she waived her right to a pre-sentence report this week.

Maaka pleaded guilty to trespass, threatening behaviour, assault on a person in a family relationship, resisting police and breaching her release conditions.

The time she has already spent in custody will be credited to her sentence. She was not granted leave to apply for home detention.

Release from prison

A man remanded in custody on a raft of charges was released from prison this week when Judge Bidois opted to give him an opportunity to get the help he needs.

Victory Tamati, 24, had been in custody for eight months when he appeared for sentencing by audio-visual link on Wednesday.

Judge Bidois said the time in custody was equivalent to a 16-month sentence.

Defence lawyer Leonard Hemi sought the opportunity for home detention for his client, who had admitted charges of breaching release conditions, two counts of unlawfully taking a motor vehicle, two counts of taking a bank card for pecuniary advantage, breaching bail, common assault, two counts of burglary, unlawful interference with a motorcycle, unlawfully getting onto a motorcycle, reckless driving, driving while disqualified and attempted unlawful taking of a motor vehicle.

Mr Hemi said Tamati had struggled to find stability in his life since he entered state care as a young boy, but he was highly motivated to address the factors contributing to his offending.

Community organisations had been engaged to support him upon his release from prison.

Judge Bidois said Tamati had almost exclusively received prison sentences since he entered the court system.

He acknowledged the defendant’s childhood involved him being placed with various caregivers in the foster system who were essentially strangers to him, since he was nine years old.

The judge said Tamati had effectively been abandoned as a child, he had no formal education and without intervention he was likely to enter an endless cycle of offending.

“You’ve effectively been kicked from pillar to post,” he said.

On sharing that Tamati would be released from prison that day, with a sentence of 200 hours’ community work and 12 months’ supervision, Judge Bidois urged the defendant to get the help he needs.

For the driving offending, Tamati will be disqualified from driving for 12 months, starting next December, when his current disqualification ends.

Interim name suppression granted

An East Coast man has been granted interim name suppression on a raft of charges in efforts to not “contaminate” a future jury trial.

The man made his first appearance in person on a raft of firearms' charges, including possession and reckless discharge, and cannabis charges.

Lawyer David Pawson sought interim name suppression because the defendant was before the High Court on another serious charge, which would be going to jury trial.

The man was remanded without plea to early December.

Home detention sentence

Kawerau man Detroit Tumai, 20, has been sentenced to seven months’ home detention for stealing his ex-partner’s car, then attempting to run her over when she confronted him.

Tumai was charged with assault with a blunt instrument, burglary, breaching community work and breaching supervision.

Judge Bidois said the victim described being scared by the offending. It left her without a vehicle to take care of her children.

Tumai’s outstanding community work and supervision sentences were cancelled, and he was ordered to pay $300 in emotional harm reparations.

A protection order was issued against Tumai.

Intensive supervision ordered

Kathleen Hale, 27, has been sentenced to 12 months’ intensive supervision for three driving charges.

She previously admitted driving with excess breach alcohol and two counts of driving contrary to the conditions of her alcohol interlock licence.

The sentence was recommended because Hale has a newborn baby and six children in total in her care.

She was disqualified from driving for 28 days and then will be subject to an alcohol interlock.

Threats admitted, reparations ordered

Keanu Rossiter pleaded guilty to charges of threatening to kill, possession of an offensive weapon and wilful damage.

The court heard he was currently a residential patient at an Auckland brain rehab centre, after spending five months in custody on remand for the charges.

Rossiter was ordered to pay $100 reparation for the damage he caused, $250 in emotional harm reparations for the threat, and he must forfeit his weapon.

Tentative trial date

A new trial date has been scheduled pending police availability for Isaiah Tai, who failed to appear for his last scheduled trial.

Tai denies a charge of prohibited display of gang insignia. He admitted breaching his bail conditions and was convicted and discharged without penalty.

A tentative trial date was pencilled in the week before Christmas.

Close to time served

Coastlands man Christian Te Pou, 28, has been jailed for burglary, intimidation and damage charges relating to his neighbours.

He was granted leave to apply for home detention, but due to the length of time he has already spent in custody on remand, he may be close to time served.

Te Pou’s offending occurred across two days in mid-March when he took a vehicle, PlayStation 5, speaker, motorbike and other items from a neighbouring property.

He threatened the owner when she confronted him the next day. Judge Bidois said Te Pou had a knife on him and the victim’s eight-year-old daughter was present.

He said a lack of meaningful routine or structure had contributed to the offending but noted the defendant’s mother had moved back to New Zealand after living in Australia, and she would provide support for him.

Te Pou was sentenced to 18 months’ prison for charges of wilful damage, burglary, possession of a knife in public and threatening to kill.

He must pay $400 in reparations for a damaged windscreen and forfeit the knife.

Time Te Pou has already spent in custody will be credited to his sentence.

He was officially remanded in custody to December 4 on charges he denies.

Te Pou has pleaded not guilty to assault with a blunt instrument, threatening to kill and being unlawfully in an enclosed yard. The judge said if his custodial sentence was finished by then, a bail application could be brought on earlier.

Breaches admitted

Sandy Hauwaho has pleaded guilty to and been sentenced for breaching his community work and supervision sentences.

Duty lawyer Rebecca Plunket said the defendant was homeless in Wellington during the breaches but now had a stable address in the Eastern Bay.

Hauwaho’s existing sentence was cancelled. He was then sentenced to 60 hours’ community work.

Driver avoids disqualification

Disqualified driver Tamehana Aramoana has avoided further disqualification after he admitted driving despite the status of his licence.

Aramoana was fined $500 plus court costs and was ordered to complete 80 hours of community work.

A Ford Ranger impounded by police has been confiscated.