A 19-year-old who broke into Kawerau New World with a knife and threatened to kill a staff member on October 21 has been sentenced to 12 months’ home detention.

Phoenix Haddon appeared in Whakatāne District Court on Wednesday charged with aggravated burglary and threatening to kill.

Judge Thomas Ingram said although it was a serious crime, he couldn’t see any benefit in “sending a kid this age to jail”.

Haddon had been in possession of a knife when he went to the supermarket, kicked in some doors, threatened an employee and tried to grab some money out of the cash register.

He then went to the alcohol section and started drinking from a bottle of wine.

“You were running around with wine and a knife.”

After reading Haddon’s psychological assessment, the judge said he was convinced prison was no place for him.

“If you go to prison, I have absolutely no doubt what will happen to you. I know for sure that you will be back here regularly for the rest of your days.

"A sentence of home detention at your age offers at least some chance of rehabilitation."

He included special conditions not to consume alcohol or drugs.

“If there’s any trouble with that, I’ll send you to prison.

“You’re not the kind of kid who will find prison easy.”

Haddon was ordered to pay reparation of $2259 to the supermarket for damages, at $30 a week.

Judge Ingram was surprised to learn from the probation officer that not consuming alcohol and drugs needed to be added as a special condition on home detention conditions.

“Wow, someone needs to call Wellington and tell them to wake up,” he said.

Prison for Allandale Superette burglary

Ricky-Lee Koroheke, 33, was sentenced to three years in prison for robbing the Allandale Superette on May 31.

Koroheke appeared in Whakatāne District Court via audio visual link to be sentenced on charges of assault with intent to rob, being unlawfully in an enclosed yard, two charges of unlawful interference with a vehicle, wilful damage and burglary.

Judge Thomas Ingram said Koroheke had gone to the superette early in the morning and went into a yard and interfered with vehicles there, then went into a shed and was rummaging around.

He then went into the store where there was only one attendant.

He assaulted the woman,  grabbing her and putting his hand over her mouth. She managed to activate the fog cannons.

He demanded keys and money before heading to the back of the superette where there was a dwelling.

He broke into a locked dwelling where he demanded money from another victim.

The judge did not sentence Koroheke to pay damages to the victims as he was satisfied he did not have the ability to do so.

In spite of a compelling psychological report, and a letter or remorse which the judge accepted as genuine, Judge Ingram said Koroheke’s serious history of offending meant his hands were tied when it came to offering a non-prison sentence.

As Koroheke had already spent some time in prison, a parole hearing would be coming up in the near future.

The judge said he was encouraged by this and expressed the hope this would be soon and that the parole board would give careful consideration to the psychologist’s report and provide Koroheke with a better path ahead than had previously been available to him.

Jail for intimidation and assault

Kawerau man Tommy Gemmel-Murray, 31, was sentenced to nine months’ prison with release conditions for domestic assault charges including injuring a child through reckless disregard for its safety.

Gemmel-Murray faced charges of intimidation and assault on a child and assault on a person in a family relationship.

He said in a letter to the judge that he wished to get back to his family so he could be part of his child’s life and asked for a sentence of home detention.

On October 14 at Kawerau, after Gemmel-Murray had grabbed his female victim, thrown her against a wall, he punched her and whipped her with a towel, she tried to leave with her child in a vehicle.

She locked the vehicle door, but Gemmel-Murray shattered the driver’s window with a punch, spraying the woman and child with glass causing lacerations to the child’s forehead.

The woman had substantial bruising to her chest.

His lawyer, Lisa Ebbers, made a case for home detention as his partner was willing to resume the relationship, saying Gemmel-Murray had never before received a sentence of home detention.

“He’s never been given that chance before.

“He’s not taking the easy way out, because if he wanted that he would do a month in jail, whereas he’s probably going to get two or more if he’s on home detention.

“He wants to be in the community, and I think the right supports are in place that he can make some changes.”

A history of drugs and violence caused Judge Ingram considerable concern in sentencing  along with an extensive history of non-compliance with protection orders and sentences.

“You have never been much in control of your temper,” the judge said.

“You say you want to change your ways, and I have given that a lot of thought, but I have come to the conclusion that a sentence of home detention would not be appropriate because of your inability to control your temper.”

Judge Ingram said Gemmel-Murray had a history of lashing out when things didn’t go well and he would not sentence him to be confined in a home with a woman and child.

“You’re somebody with a short fuse.”

He set out release conditions that Gemmel-Murray not consume drugs or alcohol and that he attend a tikanga Māori programme, a psychological assessment, a drug and alcohol programme and any other conditions recommended by a probation officer.

“Nah, *** you and *** your conditions,” Gemmel-Murray said in response.

Bail granted for rehab

Tommy Rangitakotu, 45, pleaded guilty via audio visual link to three charges of burglary, unlawful interference with a motor vehicle and wilful damage.

Rangitakotu’s lawyer made an application for bail for him to take part in a drug and alcohol rehabilitation programme with the Grace Foundation.

Police opposed bail but Judge Thomas Ingram granted it provided he was able to find a place in a drug and alcohol residential rehabilitation facility.

Judge Ingram said Rangitakotu could “have as much bail as he likes at Grace”.

Rangitakotu was remanded in custody until Friday so his lawyer could make arrangements for his rehabilitation accommodation.

Impedes breathing

Whakatāne man Tui Morehu Tauarau Lores, 51, appeared in court on one charge of impeding breathing.

Lores was charged on January 5 in Whakatāne after applying pressure to the complainant’s throat.

He was remanded on bail without plea until his next appearance on January 27.

Expensive day for having drugs

A Kawerau man who was stopped while driving and found to be in possession of 2 grams of cannabis and a bong, was dealt with by way of fines.

On October 22 at Kawerau, Dick Kiho Huatahi Te Moana, 32, was charged with possession of cannabis and a home-made cannabis bong.

He pleaded guilty to both charges and was fined $100 and ordered to pay court costs of $130 on each charge.

“It’s an expensive day for you - $460,” Judge Ingram told him.

Transferred to Manukau

Kawerau man Tetini Tutai, 25, pleaded guilty to three charges, possession of cannabis seed, possession of a glass bong and possession of a weapon, namely knuckle dusters, in a public place.

His lawyer asked that the case be transferred to the Manukau District Court, where he was facing other matters on January 19.

He was released on continued bail to a residential drug and alcohol rehabilitation programme.

Bail breach

Kawerau man Ricky Kohe, 28, denied breach of his bail conditions by associating with people he shouldn’t have.

He was charged on December 23 with assault on a person in family relationship and was released on bail.

The new charge was put off to his next appearance on February 12, and he was released on continued bail.

Stay off social media – judge

Awatapu man Hemi Te Kotuku Williams, 43, was granted bail, but warned to stay away from any form of social media.

Between December 9 and 10, Williams is charged with having breached a protection order three times through psychological abuse, and of driving dangerously on State Highway 2, Ōpōtiki.

Electronically-monitored bail without plea was granted until January 28, with special conditions including not having access to any internet-capable device.

Judge Ingram warned Williams and family members in the courtroom that nobody was to contact the complainant in any way, and Williams was to stay off social media altogether.

“No family is to use it in relation to you or to contact the complainant.”

Drugs and guns equal serious trouble

Kawerau man Ngamura Te Huirua Maui, 24, was warned by Judge Ingram that he was in “serious trouble” after being caught with drugs and guns.

On January 13 at Kawerau, Maui was charged with possession of cannabis for supply, large amount of assorted ammunition, and six charges of unlicensed possession of firearms.

The firearm charges consisted of possession of a synthetic rifle, a rifle with a silencer, a .207 rifle, a .22 rifle, a double barrel shotgun and a semi-automatic shotgun.

He was serving an 11-month sentence of home detention at the time.

“You are in serious trouble here. Drugs and guns are a dangerous combination,” Judge Ingram said.

Maui was remanded in custody until February 28.

Driving and violence charges

Whakatāne man Keanu Hauwaho, 29, was convicted on charges of drink driving and driving while disqualified.

He also entered a guilty plea to a charge of assault on a person in a family relationship.

On September 2, he was driving on Awatapu Drive while disqualified from holding a licence and was tested to have a blood alcohol level of 594mcg alcohol per litre of breath.

He was convicted and remanded on bail to appear in the Tauranga District Court where he had other matters to answer to on March 10 for sentencing.

Drive to hospital

Dallas Heeney faced three charges of breaching his home detention sentence, one of which was for driving a pregnant neighbour to hospital to give birth.

He followed this by making other excursions outside his home including going into a shop to buy items for the baby.

Heeney had been in custody since November 29. His original sentence had ended on December 28.

Heeney was sentenced to time served.