Tuxedo Ponini-Kara has been sentenced to community work for his involvement in a gang brawl outside the Whakatāne District Court earlier this month.

Ponini-Kara was one of six men charged following the January 13 incident.

He pleaded guilty to disorderly behaviour when he appeared in court on Wednesday.

In seeking a community work sentence for his client, lawyer David Pawson described the incident  as “garden variety gang tension”.

Police prosecutor Bill Scott clarified that the “garden variety” tension included six people from opposing gangs – four Mongrel Mob and two Black Power – being arrested, including on more serious charges than disorderly behaviour.

He said it highlighted the need for deterrance and denunication by the courts.

Judge Melinda Mason said she did not know who did what, or why it happened.

“I accept you have issues with the other gang ... but don’t bring it here,” she told Ponini-Kara

She sentenced him to 100 hours’ community work.

Obtain by deception

Santana Virginia Jo Atkins has pleaded guilty to obtaining $2000 by deception.

The 33-year-old Whakatāne woman appeared via audio-visual link for case review, but entered a guilty plea to the charge.

The court had previously ordered a pre-sentence report be prepared on other charges Atkins is facing and Judge Mason asked that this charge be included in that report.

Atkins will appear on February 12 for sentence on all charges.

Appendices ordered

A Kawerau man who drank then drove while subject to a zero alcohol licence will appear in April for sentence on two charges.

David Apollo Cotter, 33, pleaded guilty to driving contrary to his zero alcohol licence and driving with an excess blood alcohol of 257 milligrams of alcohol per 100 millilitres of blood.

He was stopped by police on November 1 while driving on Islington Street.

Judge Mason ordered a pre-sentence report with home detention and community detention appendice be prepared for his sentencing on April 9.

Indecent messaging

A Whakatāne man is accused of sending indecent photos of his genitals to a person via online messaging.

Wayne Michael Putt, 58, was remanded on bail with orders not to associate with anyone under 16, not to contact the complainant and not to access the internet.

He will reappear on February 25.

The offending is alleged to have occurred on March 4 last year, in Christchurch, with the message sent to a person over the age of 16.

Bail on wounding charges

Ra Gary Morrison Buckeridge, 41, of Kawerau has been granted electronically-monitored bail on a charge of wounding with intent to do grievous bodily harm.

He has been bailed to Thames on strict conditions that prevent him leaving the property 24 hours a day, seven days a week, except for specific purposes. He must have no association with the complainant and not consume drugs or alcohol.

Buckeridge also faced two charges of trespass and shoplifting to which he pleaded guilty.

He trespassed at Kawerau New World on August 3 and 13, and stole salmon valued at $13.59.

His lawyer said he had gone there because he needed food.

In convicting him on the charges and ordering him to come up if called upon within six months, Judge Mason advised him to stay away from Kawerau New World.

“You will have to find some other way of getting groceries.”

Reparation of $13.59 was ordered for the salmon.

Plea confusion

Max Gleeson waived his right to a pre-sentence report in the hope of having his case dealt with on Wednesday.

However, some plea confusion saw the case remanded for two weeks.

The 30-year-old Ōpōtiki man, who appeared via audio visual link from prison, had indicated to his lawyer, David Pawson, that he intended to plead guilty to the five charges he faced.

However, when the charges were put to him, Gleeson pleaded guilty to assaulting police, threatening to kill, breaking into this neighbour’s house with intent to intimidate and breaching his prison release conditions by consuming alcohol.

He unexpectedly pleaded not guilty to threatening to kill, saying he did not know who that person (the complainant) was.  He was going to switch the plea to guilty to get the case moving but Judge Mason decided a two-week adjournment was required to clarify the pleas.

He was remanded in custody until February 11.

Defendant seeks help

An Edgecumbe man who drove after consuming alcohol, contrary to the conditions of his zero alcohol licence, admitted having a problem with alcohol and asked the court for help.

Kenneth Steer, 32, had a breath alcohol level of 600 micrograms when stopped by police on November 12.

Lawyer Whare Hika said Steer had consumed a couple of beers and was at home so had no reason to drive. He knew he was restricted by his zero alcohol licence but was feeling depressed about the lack of contact with his children.

Instead of a further disqualification, Mr Hika asked Judge Mason to sentence him to supervision to help with his alcohol issues.

Judge Mason noted Steer’s last offending was in 2020 and 2021.

“All this is becoming a bit much; you are a danger to other people on the road,” she said.

“I get that you might get depressed, but you can’t drink and drive and put the rest of us at risk.”

She sentenced him to 40 hours’ community work and nine months’ supervision with the requirement that he attend an impaired driver course.

She disqualified him from driving for 28 days, after which time he must get an alcohol interlock device installed in his vehicle.

Supervision sentence

Kawerau man Cedric Hirikia Murray was sentenced to six months’ supervision on charges of trespass, behaving threateningly, possession of a knife in a public place and assault on a person in a family relationship.

Judge Mason said noted Murray had never been in trouble before, and had already spent three weeks in custody so had served the penalty for his offending.

But she said some oversight was needed to make sure he stayed safe.

Second report needed

Paul Tutahi has been bailed to allow the completion of a second Section 38 report that will further determine his fitness to plead to a charge of assault.

The forensic nurse told the court that one report had been done and it was quite clear Tutahi, 35, was well, although he had not been at the time of the offending.

He raised the possibility of the court dealing with the matter on the basis of this report, but Judge Mason said that according to the law, once on the Section 38 pathway, a defendant could not be found fit to plead unless two reports confirmed this.

“We can’t break the law just because it’s convenient.”

With Tutahi having effectively served his time on remand for the offending, she placed him on bail to allow the second report to be done.

“We need the second report so we can move you through the system,” she said.

Tutahi will reappear on February 20.

Deterrence required

Alan Morehu was sentenced to 40 hours’ community work, six months’ supervision and disqualified from driving for 12 months and one day after being convicted of drink driving for the fourth time.

Police were against a fine being issued, saying there needed to be a deterrent aspect to the sentence. Even though his last offending 15 years ago, it was his fourth offence.

Morehu had a breath alcohol level of 600mcg when stopped by police.

Judge Mason said his three previous convictions were some time ago, but she did not know whether this was a relapse, or he was going back to his old ways.

Emotional harm ordered

Almost nine months since being arrested on driving and assault charges, Deegan Jade Allison has been sentenced with police withdrawing some of the charges originally laid and amending others.

Police withdrew charges of escaping police custody and resisting police, and amended the three assault charges to less serious Summary Offences Act charges.

Judge Mason said it seemed as if Allison had done well with community work and supervision.

She said it had obviously worked because he had not been in trouble since April (when the offending occurred).

Allison was convicted and discharged on the failing to stop and resisting arrest charges, and ordered to pay $200 emotional harm reparation to each of the three police officers he assaulted.

Fourth drink-drive

Judge Mason has called for a pre-sentence report with home detention and community detention appendices for Nicholas Cassin, who will reappear on April 1 for sentence for drink driving.

Cassin, 38, had a breath alcohol level of 750mcg when stopped by police on November 8.

This is his fourth drive-drive conviction.

With speed involved, Cassin subject to a zero alcohol licence and his last conviction not long ago in 2020, police asked for a presentence report to be prepared.

Through his lawyer. Lisa Ebbers, Cassin asked that his outstanding court fines of $3251 be dealt with as part of sentencing.

“This is getting worse for you, this is your fourth,” said Judge Mason. “... It is getting to the point where you might be looking at a sentence of imprisonment.”

Huge apologies needed

Judge Mason has refused to sentence Kawerau man Mark Anthony White for offending against his family until they go through the restorative justice process.

“There are some huge apologies that need to be made,” she said.

White, 58, is charged with breaching a protection order through psychological abuse and injuring with intent to injure.

The judge acknowledged there was underlying context to the offending; something going on in the background that White didn’t want to talk to police about .

But she said she could not believe what he said to his son.

“It is one of the cruelest think you could have said to your child,” she said.

“I was mortified that a person can say this to their son and mortified that your son had to leave the address.

“There might have been context to it, but there are some serious issues going on ... so I want restorative justice to happen.”

White was remanded to April 29 to allow restorative justice to happen.

To early to plead

Rawiri James Emery expressed a desire to plead guilty to three of the charges he faced so as not to “prolong things”.

However, his lawyer, Rebecca Plunket, told the court she was not prepared for him to enter guilty pleas when he had not read the police summary of facts outlining the offending, and had no understanding around that.

Emery, who appeared via audio visual link from prison, is charged with assault on a person in a family relationship, breach of a protection order and intentional damage of a dwelling in James Street.

He was remanded in custody until February 12. To ensure a good chance at bail, his lawyer has filed an electronically-monitored bail application.

Bail granted

Haturini Hillman has been remanded on bail on charges of intentional damage, assault on a person in a family relationship, threatening to kill and threatening to injure.

The 35-year-old Waimana man was opposed to one of the conditions to his bail, but Judge Mason said this could be reviewed at his next appearance on February 26.

Trial scheduled

Harris Tohengaroa appeared for case review on charges of strangulation, behaving threateningly and two counts of assault with a blunt instrument.

A judge-alone trial is scheduled for February 26.

Bail granted

Buddy Akuhata, 38, was granted bail, despite police opposition, with conditions that he not associate with the complainant or his children, and abstain from violence.

The Waimana man has yet entered pleas to two charges of strangulation arising from an incident on January 5.

He will reappear in court on February 26.