A judge has been satisfied that Rūātoki man Robert Davies possessed several firearms as a symptom of his diagnosed hoarding disorder, not because he was trying to start an arsenal.

Davies was sentenced in Whakatāne District Court on Wednesday to community work and supervision for drug and firearms charges.

He previously pleaded guilty to cultivating cannabis, three counts of unlawfully possessing pistols, five counts of possessing firearms without a licence, unlawful possession of a firearm, unlawful possession of a prohibited firearm and obstructing police.

Judge Louis Bidois said the usual start point for the offending would be imprisonment, but lawyer Leonard Hemi sought a sentence of supervision based on a psychological report and letters of support.

The defendant has an intellectual disability and a hoarding disorder, among other mental health factors, which were submitted as being causes of his offending, rather than criminal intent.

At a recent hearing, Judge Bidois called for a further psychologist’s report because letters of support indicated that Davies generally coped well in the community.

In reference to an updated report that canvassed the mental impact of hoarding, the judge said he was satisfied Davies’ hoarding disorder was behind the offending.

He specifically referred to the extreme difficulty that hoarders have in letting items go once they come into their possession.

“This was a symptom of your disorder, not you trying to start an arsenal.”

Davies was sentenced to 12 months’ supervision and 200 hours’ community work.

A forfeiture order was made for his guns and ammunition, and a new firearms prohibition order means he is now prohibited from holding or obtaining a firearm.

Sentencing adjourned

Varian Wi’s sentencing has been delayed to February so a new address for a potential home detention sentence can be canvassed.

Wi was due to be sentenced this week on charges of burglary, theft, possession of methamphetamine and utensils, possession of firearms and possession of ammunition.

Registered offender admits phone possession

Whakatāne man Troy Palenski, 33, has been jailed for four months after admitting he, a registered sexual offender, was in possession of a smart phone.

Palenski also pleaded guilty to breaching his release conditions.

He appeared in court this week via audio visual link from prison, where he had been recalled on an earlier sentence.

Judge Bidois ordered the cell phone to be destroyed.

Not guilty pleas

Rawiri Fowell appeared by audio-visual link to plead not guilty to several charges.

He has now denied possession of cannabis, possession of methamphetamine, possession of ammunition, breaching a police safety order, threatening to kill or cause grievous bodily harm and wounding with intent to cause grievous bodily harm.

Fowell was remanded to the new year for a bail application, then a case review hearing three weeks later.

Community detention sentence

Whakatāne man Jacob Peterson has been sentenced to four-and-a-half months’ community detention.

The community detention was a substitution for cancelled community work hours, and a sentence for charges of common assault and careless driving.

Peterson applied for the sentence review because he was struggling to attend community work, which clashed with his employment. He said he wanted a sentence he could actually make progress on.

Jury trial elected

No bail application was made by James Kingi, who appeared by audio-visual link to deny a charge of wounding with intent to cause grievous bodily harm.

Kingi elected to be tried by jury.

He was remanded in custody to February 11 for a Crown case review hearing.

Dock jumper jailed

The defendant who jumped Whakatāne Court’s dock and ran out the front door last month has been jailed.

Chevon Te Hauwaho pleaded guilty to escaping police custody and breaching his release conditions.

He was sentenced to four months’ prison.

Name suppression argued

A lawyer has successfully argued for continued interim name suppression on drugs and firearms charges in the interest of fair trial rights.

The defendant is yet to plead on charges of cultivating cannabis, possession of equipment capable of producing cannabis, reckless discharges of firearms, unlawful possession of firearms and ammunition.

He also faces a serious charge in the High Court, which he has denied and elected to be tried by jury.

Lawyer David Pawson said he did not want the defendant’s name being associated with the District Court charges to influence jurors in the eventual High Court trial.

“It’s just too risky, Your Honour.”

Police did not oppose the name suppression application.

The defendant was remanded on bail to February 4 for plea.

Home detention for cannabis, firearms convictions

Kahurangi Matene has been sentenced to 10 months’ home detention to be served in Auckland, for drugs and firearms convictions.

Matene, 39, was sentenced for possession of cannabis for the purpose of supply, unlawful possession of a firearm and ammunition, and failing to comply with his obligations regarding a computer search.

Judge Bidois said the defendant was found with a semi-automatic rifle accessible to him in the car. He acknowledged that Matene had taken steps to address his issues since being arrested and had gained employment.

In addition to the home detention, Matene must forfeit the firearm and ammunition.

Police sought that a forfeiture order be made for cash in the defendant’s possession. Lawyer Jonathan Kay opposed the application, saying Matene maintained that the money was earned legitimately.

Judge Bidois said Matene must make a formal application opposing the forfeiture in order to get the money back.

Bail variation granted

Rūātoki man Mokomoko Takamore has been granted a bail variation to allow him and his lawyer sufficient time to prepare for trial.

Crown prosecutors opposed the application.

Takamore denies charges of kidnapping, strangulation, assaults female, injuring with intent to injure or reckless disregard, and assault with intent to injure.

He is due to go to trial later this month.

Sentencing adjourned

The sentencing of Manaaki Akuhata has been adjourned until the new year to allow him time to find a potential address to serve a residential sentence.

Akuhata was due to be sentenced this week for careless driving and driving with excess blood alcohol.

Bail address to be changed

The judge has granted permission for Aaron Raki to change his bail address from a residential rehabilitation facility to his home.

Raki is waiting to go to jury trial for a charge of possessing a pistol, with a jury callover scheduled in January.

Probation must approve the variation before he moves.

Driver’s application granted

Onepu man Lethen Ryder has avoided disqualification after going through the process to get his licence back.

Ryder was sentenced to supervision and community work for theft and three counts of driving while disqualified.

Lawyer Kylee O’Connor argued that the defendant should be spared a further disqualification because it was clear previous disqualifications had not deterred him.

She said he lived rurally and had family responsibilities that required him to drive, meaning he would just be back before the court again if the section 94 application was not granted.

Judge Bidois questioned why he should reward “bad behaviour,” including continuing to drive while in the process of trying to get his licence back.

He noted that Ryder’s first criminal conviction was for careless driving.

But the judge also acknowledged that Ryder had no convictions for drink driving or for violence, and he disagreed with the reason the defendant had been disqualified.

He granted the application and opted not to disqualify Ryder from driving. Instead, Ryder must complete 170 hours of community work and 12 months of supervision.

Release from prison on sentence

Tāneatua man Bryan Wana, 54, has been released from prison on a sentence of intensive supervision.

Judge Bidois said Wana’s offending, consisting of threats to cause grievous bodily harm, assault on a person in a family relationship and escaping from police custody, justified a jail sentence.

But he said recent medical events while the defendant was in custody on remand have complicated things.

The judge said he expected Wana’s time in custody to had been a salutary lesson.

Wana was sentenced to 12 months’ intensive supervision and was ordered to pay a total of $500 in emotional harm reparations.

Phone thrown at TV

Jury Hudson must complete 100 hours of community work for throwing a phone at a television during an altercation that resulted in him being charged for assault on a person in a family relationship.

He was also ordered to pay $200 in emotional harm reparations.

Supervision for assault

Israel Chesley was sentenced to 12 months’ supervision for a charge of assault on a person in a family relationship and breaching a protection order.

Police withdrew charges of common assault and a second count of breaching a protection order.

Chesley must also pay $300 in emotional harm reparations.

Community work in lieu of disqualification

Whakatāne man Isaac D’Aubney was sentenced to 80 hours of community work in lieu of a further disqualification.

D’Aubney, 24, was also sentenced to nine months’ supervision for driving while disqualified on Peace Street in March.

Lawyer Kylee O’Connor said D’Aubney went through the process to lift an indefinite disqualification twice, because his paperwork got lost the first time. He has restored his licence to a learner’s level.

He has no criminal history except for driving offences.

Three separate trial dates

Tekaura Ngaheu will proceed to three different trial dates next year on various charges.

On February 10, a community magistrate is due to preside over a trial regarding a disorderly behaviour charge.

The next trial, on May 8, will be before a judge, focusing on charges of unlawfully getting into a vehicle and three counts of receiving stolen property.

The final trial, for assault with a blunt instrument and driving while disqualified, is due to be heard by a judge on May 22.

Ngaheu admitted one charge of breaching community work, for which he was convicted and discharged without penalty.

He was remanded at large to the end of January for an update on how the cases are progressing towards trial.

Trial date scheduled

Phoenix Gemmell is due to go to trial in May on charges of assault with intent to injure and breaching his release conditions.

He appeared in court via audio-visual link from prison, where he has been recalled on a previous sentence, expiring on January 22.

Case review scheduled

A case review hearing has been scheduled in January for Hayden Martin, who denies burglary and four counts of breaching a protection order.

He was remanded in custody.