An Edgecumbe man who was part of a group attack on a vulnerable man in Hamilton, picking him up in a chokehold and then dropping him to the ground, has been sentenced to six months’ home detention.

The victim, a 29-year-old man with severe autism and the emotional age of a preschooler, was walking along a Hamilton street when Hirini Richards and a carload of others pulled up beside him.

He tried to run away when they approached him, but was pursued.

“You violently pushed him to the ground ... you and your associates prevented him from standing up,” Judge Dean Blair said.

“You then picked him up in a chokehold and dropped his limp body to the ground again.”

Richards appeared for sentence in the Whakatāne District Court on Wednesday on charges of assault with intent to injure and assault.

The charge of assault related to a bystander who tried to stop the attack but was shouted at and spat on.

Lawyer Steve Franklin said Richards’ co-offender, who shared many of the same characteristics – a young man, first time offender with a similar role in the offending – had already been sentenced to four months’ home detention with orders to pay $1000 emotional harm reparation to the victim.

He called for a similar sentence for Richards.

Mr Franklin said it was a group assault with the three men all in for whatever the others did. They were equally culpable and shared the blame.

“It is not a situation where you can count punches or kicks; they are all equally culpable.”

However, Judge Blair found Richards played a greater role.

“It was you who started this assault on this vulnerable man. It was you who picked him up off the ground in a chokehold and then dropped his body to the ground again. Then the kicking and punching from the group started.”

Judge Blair said the presentence report showed a concerning attitude to what happened with Richards ,believing himself justified in his actions based on his perspective of what was happening that day.

“You have seen yourself as something of a hero – a completely unacceptable point of view.”

The victim’s mother attended the sentencing via audio visual link.

In a victim impact statement referred to by the judge, she told how her son’s efforts to rebuild his life in a safe and happy way had been destroyed.

“His world was small to begin with and now is virtually non-existent. He no longer has the freedom and confidence to go out on his own ... he is fearful of ‘the bad men’.”

Judge Blair said no sentence outcome would enable the victim and his mother to feel that justice had been fully done.

Assaults come after medication delay

The Whakatāne man accused of assaulting two boys on their way to school earlier this month was overdue for his mental health medication.

Police reduced the severity of the assault charges when the 43-year-old man, a first offender, appeared in the Whakatāne District Court on Wednesday.

The forensic nurse explained that at the time of the incident, the man was “between jabs” of the intramuscular injections he receives for his mental health condition, which was chronic and lifelong.

Although consistent in showing up for his injections, the timeframes were sometimes off.

He said the man was fit to plead to the charges, and pleas of guilty were entered to two Summary Offences Act assault charges by his lawyer, Morgan Dunn.

Mr Dunn said the man had no previous convictions and had been receiving treatment through the mental health system for a long time.

On the day of the offending, there was “a glitch” with the medication and he reached out to the boys as they were riding towards him on their scooters.

Not wanting to tie the defendant up in sentencing structures when his real issue was a challenge with mental health, Judge Dean Blair put the man on a good behaviour bond, sentencing him to come up if called upon within six months.

Bail by fine margin

Courtney Te Kaaho Koopu was granted bail by “a fine margin” but will be subject to a 24-hour curfew.

“It will be very confining but better than being in custody,” Judge Blair told Koopu, who appeared by audio visual link from custody.

A further condition of his bail is that he not associate with anyone in the Mongrel Mob.

The 30-year-old Kawerau man pleaded not guilty to the unlawful possession of a sawn-off .22 rifle and a breach of release conditions.

He will next appear on May 6.

Bail declined

Citing concern about vulnerable family members at the proposed bail address, Judge Blair declined Te Awanui Ormsby bail but suggested instead pursuing an electronically monitored bail application.

Ormsby, 24, of Whakatāne, is charged with threatening to kill, assault with intent to injury, assault with a knife and refusing to allow a bodily sample to be taken.

A next appearance is scheduled for April 23.

Aggravated robbery

Hamiora Fredrick Moeke will be sentenced on June 3 for his part in the aggravated robbery of a man in February.

The 20-year-old Whakatāne man has pleaded guilty to, with three others, robbing the man of $1012.70 in cash.

Judge Blair called for a presentence report with an electronic monitoring appendices to be prepared ready for sentencing on June 3.

Bail refused

Kawerau man Ricky Kohe was refused electronically monitored bail with Judge Blair not satisfied that he would not commit more offences if given bail.

Kohe, 29, faces a raft of drug and weapons charges including possession of cannabis, ectasy, methamphetamine and non-approved psychoactive substance for supply; possession of cannabis and ectasy; possession of testosterone in non-conforming containers; possession of offensive weapons (hunting knife and baseball bat); unlawful possession of ammunition; wearing a gang hat at a Taupō service station and failing to assist police officers in a search.

On these charges, he has entered no pleas and is remanded in custody to April 29.

He will appear on April 9 for sentence on a charge of assault on a person in a family relationship, which he has pleaded guilty to.

Sentence date set

Hayden Conrad Monsall, 38, has pleaded guilty to threatening to kill, possession of an offensive weapon (knife), breach of a protection order and breach of court release conditions, and will be sentenced on April 23.

Two charges of breaching a protection order and one of assault on a person in a family relationship were withdrawn by police.

No disqualification

Te Teko man James Pryor has avoided further disqualification with Judge Blair granting a section 94 application from his lawyer.

A Section 94 allows the court to substitute a mandatory driving disqualification with a community-based sentence.

Pryor, 36, appeared for sentence on charges of breaching a protection order and two counts of driving while disqualified.

He was sentenced to four months’ community detention with a curfew from 7pm to 5am, and nine months’ supervision.

The community detention includes one month in lieu of the usual disqualification.

Case review

Omaio-Mihirawhiti Keet Purewa Gage Williams entered a not guilty plea to a charge of aggravated robbery and was remanded to May 6 for case review.

Drug offences

Hayden Ozzy Dennis Hansen, 32, of Totoa is charged with offering to supply methamphetamine and cannabis.

Police allege he offered to supply the drugs between March and May last year.

Hansen will reappear on May 16.

Appendices sought

Anaura Rehu, 18, of Whakatāne has admitted possession methamphetamine for supply and will be sentenced on June 10.

Judge Blair called for a presentence report with electronic monitoring appendices.