Antonio Aholahi was on his way home after confiscating a firearm from his neighbours when he crashed his motorcycle into a dog and ended up in a coma in hospital.

More than five months later, he appeared for sentence in the Whakatāne District Court on charges of unlawfully possessing a firearm and ammunition and was fined $3000.

On Wednesday, the court heard that on September 7, Aholahi had gone to his neighbours’ home because he could hear yelling and confiscated a firearm from the occupants for their safety.

He was riding home with the loaded firearm inside his gang patch when he hit a dog and was seriously injured. He suffers from post-traumatic amnesia with limited memory of the incident and has ongoing health problem.

The police position was that Aholahi, 39, was carrying a loaded, ready-to-fire firearm while on his motorcycle – and patched up.

Lawyer Steve Franklin said Aholahi was aware of the optics of wearing a patch and carrying a firearm. But for a “so-called patched gang member”, he said Aholahi had a very limited criminal history.

Judge Louis Bidois said there was no suggestion that he was doing anything other than disarming someone.

“But riding a motorbike with a loaded firearm is dangerous. If you crashed – and you did crash – you could have shot yourself. You didn’t.”

But for his explanation, Judge Bidois said a sentence of prison or home detention would have been appropriate for such offending.

More community work

Lucky Hunuhunu’s lawyer advocated against him receiving more community work for a breach of release conditions, but community work was imposed.

Leonard Hemi told the court how Hunuhunu was doing well in Christchurch but was afraid that doing community work would drag him back into the same sort of crowd he was hanging out with in Ōpōtiki previously.

Judge Bidois sentenced him to 60 hours’ community work.

Recidivist disqualified driver

A Te Teko man caught unlawfully hunting in the Omataroa Forest has been sentenced to prison, with the court ordering the forfeiture of items related to the offending.

Vincent Nane Broughton, 34, faced charges of unlawful hunting, unlawful possession ammunition, driving while disqualified and resisting police.

Judge Bidois noted it was his 11th or 12th conviction for driving while disqualified and he had received the benefit of a Section 94, multiple times. Under section 94, the judge can substitute a mandatory driving disqualification with a community-based sentence.

Judge Bidois said Broughton had been subject to intensive supervision and community detention but did not take heed of past sentences. He said he had no confidence that he would comply with such a sentence now.

“You have reached the end of the line,” he told Broughton.

He sentenced him to five months in prison with leave to apply for home detention, and disqualified him from driving for 12 months, effective from 2027 when his existing disqualification ends.

Assault with a cup

Tim Taitua pleaded guilty to assaulting a woman with a coffee cup, and was sentenced to 200 hours’ community work.

A second charge of assaulting a person in a family relationship was withdrawn by police.

The 39-year-old Whakatāne man accepted that he threw the cup towards the victim, which caused a cut, but not allegations of punching.

The judge urged Taitua to take this opportunity to get some help.

Bail declined

An application to release Marupo Puutu on electronically monitored bail had to be declined because of a medical event suffered by a family member at the bail address.

The 57-year-old Kawerau man remains in custody for aggravated robbery.

It is alleged he robbed a person of a Rotorua Daily Post newspaper while armed with a knife on February 10.

He will next appear on April 1.

Dismissal not justified

Haami Tawhi has entered not guilty pleas to charges of assault with intent to injure and assault with a blunt instrument.

His lawyer, Alexandra Dawick, sought for the charges to be dismissed because police still had not provided full disclosure as directed by the court at Tawhi’s previous appearance, despite having had ample time.

Judge Bidois did not consider a dismissal justified and remanded Tawhi to a case review hearing on May 28 in the Ōpōtiki District Court.

Convict and discharge

Agnes Faataape pleaded guilty to breaching her release conditions.

Judge Bidois convicted and discharged her, warning that eight months remained on her sentence and if she breached again, this conviction would be taken into account.

Good deed turns bad

A good Samaritan became a victim during his morning walk in the Whakatāne Rose Garden in December.

The man became concerned about the way Hano Wilson was speaking to a woman and intervened.

Wilson, 44, then turned his attention to the man, getting close to him, pointing his finger at him and threatening him.

Lawyer Rebecca Plunket said Wilson accepted responsibility and realised that his appearance (facial tattoos) may have intimidated the man, and when he spoke as he did, it may have come across threateningly.

Wilson was fined $300 plus court costs and ordered to pay $150 emotional harm reparation.

“He was being a good Samaritan and ended up becoming a victim himself,” Judge Bidois said.

Wilson faces additional charges of assault, assault on a person in a family relationship and threatening to kill, which he has pleaded not guilty to. He will appear for case review on April 22.

Fine for drink driving

With it being nearly 16 years since his last drink driving offence, Shane Matekuare was dealt with by way of a fine and licence disqualification.

He was fined $800 plus court costs and disqualified from driving for 12 months and one day.

On a breach of supervision charge, he was convicted and discharged.

Take your meds – judge

Judge Bidois reiterated the importance of taking his ADHD medication to Anthony Te Hauwaho in sentencing him on charges of assault.

Te Hauwaho, 24, of Whakatāne, pleaded guilty to charges of assault on a person in a family relationship and assault, and was sentenced to 120 hours of community work.

He was also ordered to pay $200 emotional harm reparation.

Citing information from Te Hauwaho’s family, lawyer Leonard Hemi said his client had no issues with his behaviour when taking his ADHD medication. This offending was one of the consequences of not taking the medication.

Dealing on Home D

A Kawerau man who dealt drugs and firearms while on a home detention sentence has gone to prison.

Ngamura Te Huirua Maui, 24, appeared for sentence in the Whakatāne District Court on charges of offering to sell firearms between January 1 and January 12, and selling cannabis.

The charges related to 10 occasions of selling firearms and 22 sales of cannabis.

Judge Bidois cancelled Maui’s home detention sentence, of which seven months remained, converting it to 14 months in prison.

He said Maui was a street level dealer and the drugs offending was at the lower end of the scale. He was also a relatively young man who was clearly remorseful. However, the number of firearms involved was concerning.

He was sentenced to a total of 28 months, cumulative on the 14 months, with the time he had already spent in custody to be credited.

The $5150 found by police with the cannabis was forfeited.

No destruction order

With police not opposed, Judge Bidois did not issue a destruction order for the clothing that resulted in Heremia Karaitiana being before the courts on a charge of prohibited display of gang insignia.

His lawyer, Kylee O’Connor, said the clothing had been given to him by his partner’s uncle, who had played a significant role in his life. The uncle had since passed away, and the item meant a lot to Karaitiana.

Karaitiana pleaded guilty and was fined $400 plus court costs.

Judge Bidois said he could have the item back, but should not wear it again.

“You better get your act together,” he said.

Home detention imposed

Varian Wi has been sentenced to nine months’ home detention on a raft of drugs, burglary and firearms charges.

The 45-year-old Matatā man appeared for sentence on charges of burglary, theft from a dwelling, theft of an animal, possession of methamphetamine and utensils, and unlawful possession of a firearm and ammunition.

His lawyer, Leonard Hemi, emphasised that the offending was not gang related and the firearm was not used to harm or intimidate.

It had been used to kill an animal, which Wi should not have done, but this was quite different to drugs or gang offending.

Judge Bidois said Wi had gone to a farm where he shot a sheep and stole the carcass.

He was ordered to pay $150 reparation for the sheep.

The burglaries included one in which he was armed with an angle grinder, although he was disturbed in the act, so did not take anything.

In other offending, he siphoned petrol from a commercial yard and stole a door.