Jayjay Te Are has narrowly avoided a prison sentence for assaulting his son multiple times in a year.

Te Are, 40, was sentenced in Whakatāne District Court on Wednesday to 18 months’ intensive supervision for recklessly discharging an airgun and a representative charge of assaulting a child.

He pleaded guilty to the charges after significant changes were made by police. Eight charges were reduced to two, with the assault being made representative of three incidents.

Judge Bill Lawson outlined the offending as occurring between 2021 and 2022.

In one instance, the victim came home to find his father sitting in the doorway of a porta cabin, holding an airgun.

Te Are instructed the victim to set up some cans and as he did so, the defendant fired the gun, hitting his son in the arm. Judge Lawson said the injury left a scar.

Other assaults covered by the representative charge include Te Are hitting the victim across the buttocks with a pole after he popped a ball, causing the victim’s head to bleed by hitting him with a butane lighter, and kicking and slapping him after he’d been assaulted by his stepmother.

Judge Lawson said although he acknowledged there was something going on with the defendant’s son, Te Are should not have assaulted him.

“You are the adult in this situation. You are expected to keep your composure and treat that young man with respect and dignity.”

A letter of apology written by Te Are, addressed to the victim, was provided to the court. The judge said it showed the defendant had reflected on his actions and was remorseful.

A pre-sentence report recommended the rehabilitative sentence of intensive supervision and Judge Lawson questioned whether it was sufficient, given the nature of the offending.

An address was available for the judge to impose an electronically monitored sentence, but it was not recommended due to a child also living there.

Police agreed with intensive supervision being the appropriate outcome.

‘Last chance’ for driver

Whakatāne man Jason Cogle, 43, has been given what Judge Bill Lawson described as his last chance to sort out his illegal driving habit.

Cogle appeared for sentencing this week after he admitted driving with a breath alcohol level of 953 micrograms, his third conviction of the type, while he was also disqualified.

The legal breath alcohol limit for adult drivers is 250 micrograms.

Police stopped Cogle on September 17 when his erratic driving on Thornton Road caught their attention.

The offending occurred a month after Cogle was convicted for driving under the influence of drugs.

Lawyer Lisa Ebbers said the recommended sentence for her client was imprisonment, but she asked the judge to step back from it because Cogle had never received a rehabilitative sentence for driving offences.

She said he stopped taking drugs a few months ago and wanted to stop drinking, but it is very difficult to access help, especially when self-referring in this area. There was no prospect of an address becoming available for Cogle to serve an electronically monitored sentence, Ms Ebbers said.

The defendant lives in his car and is currently disqualified from driving until February.

Ms Ebbers said Cogle gets someone else to move the car for him.

Police raised concern about the defendant’s living situation.

Judge Lawson said he would give Cogle one last chance to sort himself out, with a warning that he would be going to prison if he reoffended.

Cogle was sentenced to 100 hours of community work and nine months’ supervision. He will be disqualified from driving for 28 days from February 25, when his current disqualification expires, then be subject to an alcohol interlock.

Bail variation granted

Rūātoki woman Anarea Biddle-Paihau has been readmitted to bail after confusion about her conditions being varied.

Biddle-Paihau is on bail having pleaded not guilty to a charge of wounding with intent to injure, which is being prosecuted by the Crown.

She was arrested for breaching one of her bail conditions while a formal variation process was under way. That change has since been approved.

Biddle-Paihau has two court dates in January. The first is to plead to a new charge alleging she possessed methamphetamine. Two weeks later, she has a jury callover hearing.

Custodial remand

East Coast man Jesse Waenga made no application for bail when he appeared on new charges this week.

Waenga pleaded not guilty to burglary, being unlawfully in a yard, assault with intent to injure, shoplifting, intentional damage and breaching his release conditions.

He was remanded in custody to January 22 in Ōpōtiki District Court for a case review hearing.

Significant reduction in charges

Ōhope man Tehore Smith has been sentenced for possessing a firearm while he was subject to a protection order.

The guilty plea came after the prosecutor withdrew charges of obstructing police, possession of utensils for methamphetamine and possession of cannabis.

Additional charges of unlawful possession of ammunition and possession of a firearm without a licence were withdrawn upon Smith pleading guilty to breaching a protection order.

Judge Lawson confirmed with the defendant that the firearm was used for hunting, and police agreed there did not appear to be a nefarious reason for Smith having it.

Lawyer Rebecca Plunket said there were no sinister overtones to the offending and Smith was normally of good character.

Smith was sentenced to come up if called upon for six months. A destruction order was made for the firearm.

Reparations ordered for window

Ōpōtiki man Michael Duff must pay $400 in reparations for a window he broke when a neighbour interrupted an argument he was having with his brother.

Duff appeared in court from police custody after he was arrested on Tuesday and charged with speaks threateningly and wilful damage.

He pleaded guilty immediately and sought to be sentenced at his first appearance, represented by a duty lawyer.

Lawyer Kylee O’Connor said Duff’s offending was fuelled by alcohol. When his neighbour came outside during his argument, he directed his anger at her.

Judge Lawson said the defendant was holding a knife when he threatened the victim.

Duff had not been before the courts for a decade. He was ordered to come up if called upon for a period of six months and must pay $400 in reparations.

Homelessness led to breach

Kipa Edwards must complete an additional 40 hours of community work as penalty for breaching his post-detention conditions.

Duty lawyer Leonard Hemi said Edwards complied with his initial sentence of home detention, for which he was being put up by a chronically unwell relative.

He said that upon completion of the sentence, Edwards felt pressured to leave the house to make room for others who would care for the relative.

“He was effectively homeless for the majority of the post-detention period, which explains why his reporting became sporadic.”

Edwards has 11 hours of community work outstanding, which the court heard he was willing and able to complete.

Suspended sentence

Whakatāne man Peter Ford, 31, has been put on a good behaviour bond after breaching his home detention sentence.

Details of the breach were not discussed in detail, but reference was made to Ford going to the hospital. Probations asked for proof from the hospital but did not receive it and sought that Ford be sentenced to community work.

Judge Lawson questioned the request, stating that it seemed like the defendant was trying to do the right thing “from a humanitarian point of view.”

He said he would give Ford the benefit of the doubt on this occasion and sentenced him to come up if called upon for a period of six months.

Breach by going to wake

A man granted permission to attend a tangi while serving a home detention sentence then breached his conditions by going to the wake at a pub afterwards.

Sayde Te Hauwaho was ordered to come up if called upon for six months.

Bail application adjourned

Joseph Ngaheu’s application for electronically monitored bail was adjourned until next week to allow his lawyer to file written submissions.

He has pleaded not guilty to three assaults and two counts of threatening to kill.

Restorative justice referred

Christopher Hiwarau sought and was granted a referral to restorative justice ahead of sentencing for three charges.

The defendant pleaded guilty this week to breaching a protection order, fighting in public and driving with excess breath alcohol.

Sentencing is scheduled for Feb-ruary 11.

Further case review hearing

Another case review hearing has been scheduled for lawyers to discuss Riini Akurangi’s case.

Akurangi has pleaded not guilty to aggravated robbery, possession of an offensive weapon, assault with intent to injure and breaching community work.

Both the Crown solicitors and defence lawyer Rebecca Plunket agreed to the adjournment. A statement signed by the complainant, which had been missing at Akurangi’s last appearance, has since been located.

Amended charges still denied

Defendant Daniel Maui maintains his innocence to charges amended by police prosecutors this week.

Prosecutor Stephanie Tattersall amended a charge of assault with a blunt instrument to criminal nuisance.

The complainant’s name was amended on a charge of intentional damage with reckless disregard for the safety of a named person.

Lawyer Alexandra Dawick said a judge-alone trial would be required. The trial was scheduled for May 8.

Sentencing adjourned

Hoani Patterson-Postlethwaite will wait until the new year to be sentenced for burglary.

He has admitted four counts of burglary, theft of property and being unlawfully in a yard.

The adjournment was sought to allow police to file written responses to the defence lawyer’s sentencing submissions.

It would also allow defence lawyer Alexandra Dawick to update her proposed start point because she was unaware of one of the burglary charges when she filed her initial submissions.

Patterson-Postlethwaite was remanded in custody to January 8 for sentencing.

Report ordered

Silvio Potiki has been admitted to bail after pleading guilty to four charges.

Police did not oppose the application for bail.

Potiki admitted possession of an offensive weapon, resisting police, refusing to identify himself to police and receiving stolen property.

A pre-sentence report was ordered ahead of sentencing on March 19 in Ōpōtiki District Court.

Alleged co-offenders added to charges

Xavier Sullivan has been remanded to February for a case review hearing.

She denies being in possession of an offensive weapon, a firearm and ammunition. The latter two charges were amended by police to include the names of two alleged co-offenders.

Jury trial elected

Regan Hei has elected to be tried by jury on charges of injuring with intent to injure and breaching a protection order.

He pleaded not guilty to the charges via audio-visual link this week and was remanded in custody until the new year to make an application for electronically monitored bail.

A case review hearing was scheduled to occur on January 23.

Wounding denied

Kawerau man Ra Buckeridge pleaded not guilty to a charge of wounding with intent to cause grievous bodily harm.

He elected trial by jury and was remanded in custody to February 4 for a case review hearing.

Buckeridge entered no plea to trespass and shoplifting charges, on which he was remanded to January 7.

Pleas vacated

Sapphire Ruri has vacated her not guilty pleas to admit seven charges.

Ruri is now due to be sentenced on February 18 for charges of resisting arrest, obstructing police, breaching bail, breaching release conditions, possession of cannabis and possession of ammunition.

She initially pleaded not guilty to the first three.

A pre-sentence report was ordered.