A Whakatāne man involved in a gang confrontation outside the Whakatāne District Court in January has been sentenced to prison, with no leave to apply for home detention.

Eruera Wilson, 32, appeared on Wednesday for sentence for wounding with intent to injure in relation to the fracas on January 13.

Police were called to the disturbance on Pyne Street outside the courthouse at 9.35am. On arrival, they found a hostile situation with multiple people aggressively confronting each other on the roadside and in the middle of the road.

Wilson approached another man and began yelling abuse, moving towards him in an aggressive manner, which was then mimicked by the victim.

Wilson, an amputee, struck the man in the head and ear with his crutch while continuing to yell abuse.

Lawyer Alexandra Dawick said it was offending that occurred in the heat of the moment.

But Judge Paul Geoghegan said it was more than that – it was a posturing situation.

“Heat of the moment, but it was always going to happen because this wasn’t a meeting of two Rotary groups; it was a meeting of two gangs with an entirely predictable outcome.”

Wilson told the court the altercation was not about opposing gangs; the victim had mocked his disability.

“That was like standing on my mana. That’s what started it – it didn’t have anything to do with gangs,” he said.

“I already know I have a disability; I don’t need him mocking me.”

According to a pre-sentence report, Wilson showed no remorse to the victim, believing he was acting in self defence.

In sentencing, Judge Geoghegan acknowledged Wilson’s history, which included 12 previous convictions for violence along with a range of other offences, a gap in his violent offending, his willingness to participate in restorative justice and a letter that showed insight into the offending.

Judge Geoghegan sentenced him to 19 months in prison with no leave to apply for home detention.

He said this was a community that was seriously affected by such offending in public places, and Wilson had a solid history of violence and had previously received a sentence of home detention.

“A very clear message needs to be sent to you and other gang members in this community that offending of this kind will be met with very stern consequences.”

Bail declined

A Whakatāne woman facing a raft of weapons and dishonesty charges has had her bail declined.

Susannah Turner, 46, pleaded not guilty to 10 charges including multiple burglaries, receiving, unlawfully taking a motor vehicle, unlawful possession of a weapon and unlawful possession of a pistol.

The offending was alleged committed with her partner, who also faces charges.

Turner appeared by audio visual link from custody, seeking bail to a Whakatāne address.

However, Judge Paul Geoghegan said straight bail was not suitable and she would require electronically monitored bail. She was remanded in custody to appear for case review on May 27.

Supervision sentence

Police amended one charge and withdrew another, prompting guilty pleas from Ōhope woman Tarryn Leigh Moller.

Moller, 23, pleaded guilty to threatening behaviour, having been originally charged with threatening to kill, and assault. A charge of assault on a person in a family relationship was withdrawn.

Judge Geoghegan said there was reference in the summary of facts to Moller placing the victim in a headlock.

While aware that Moller did not accept this, the judge asked her to reflect on the fact that this action could have given rise to a charge of strangulation.

“You might not think that’s so, but I’m telling you that – and the starting point [for sentencing] for strangulation is two years in prison.”

He said if Moller could get on top of her drinking issues, he was sure she would be fine.

“But if you drink, I expect there will be more problems.”

Moller was sentenced to 80 hours’ community work and supervision for 12 months, with special conditions that she complete a drug and alcohol programme.

Barrage of texts

An Ōpōtiki man who sent hundreds of texts and online messages to an ex-partner has been sentenced to prison.

Riki Withers, 35, pleaded guilty to possession of methamphetamine and three counts of breaching a protection order by sending online threatening texts, voice and text messages, and not leaving the property when asked.

He appeared via audio visual link from custody and his lawyer, Lisa Ebbers, said he wanted to be sentenced that day, and was aware it would be sentence of imprisonment.

Judge Geoghegan outlined the offending, saying that between December 31 and January 14, Withers had contacted the victim via several applications.

She asked him to stop, but he ignored the request and sent hundreds of messages.

On April 5, he sent a text message that said he was going to burn her house down.

Later the same day, he was at her house and when she asked him to leave, he did not. He left only when police were called.

Shortly afterwards, police arrived and in a search found six point bags of meth.

Judge Geoghegan referred to a victim impact statement in which the victim said she was stressed beyond comprehension and described Withers as controlling and unpredictable.

He was sentenced to 12 months and three weeks in prison.

Restorative justice

Tam Allan Mathews has entered guilty pleas to a raft of dishonesty and drugs charges and will appear for sentence on May 26.

The 47-year-old Whakatāne man has admitted 14 charges including possession of methamphetamine and a pipe for smoking the drug, unlawfully getting into a motor vehicle, thefts from the Warehouse, Pak’n Save and Woolworths, burglary, stealing a $3500 electric bike and fraudulent use of a document.

Judge Geoghegan referred him for restorative justice, even though the victims were mostly commercial premises.

“They are commercial premises, but they are owned by someone,” he said.

“Pak’n Save might not turn up but there might be someone that wants to talk to you.”

He told a reluctant Mathews that after talking to him, victims might even understand his difficult circumstances.

“Often victims turn up and they wish you the very best.”

Tikanga no defence

A Te Teko man’s attempts to explain why he refused a police officer’s request for a blood specimen were heard but politely rejected by Judge Geoghegan.

William Wiremu Tapara appeared representing himself and asked for a chance to explain to the court why he had refused to provide a sample.

He said he was upholding his tikanga and kawa, and God-given rights.

Judge Geoghegan said he respected Tapara’s views, however, this argument had been the subject of numerous decisions by higher courts and every person in the country was subject to the laws of the country.

“No one has the right to refuse a blood test simply because they are some special being or sovereign being,” he said.

“If you are going to introduce tikanga, it is going to have to be expert evidence.

“And it is extremely unlikely that you will be able to successfully argue.”

He said Tapara had the right to go to a hearing but would hit a “stone cold brick wall” with a plan to cite sovereignty.

“You are not the first person to come before the court and argue that ... I have seen variations of your affidavit a hundred times. The affidavit is gobbledegook; it makes no difference, it has no substance.”

Tapara compared his situation to that of the arresting officer, who was Indian, being able to wear a turban at work to uphold his tikanga.

Judge Geoghegan rejected this comparison and remanded him to a hearing on August 14.

Jailed for strangulation, assault

A Whakatāne man has been sentenced to prison after placing another man in a headlock and pinning a woman to a bed in separate incidents.

Zane Graham, 37, appeared via audio visual link for sentence on charges of strangulation, assault and assault on a person in a family relationship.

Graham had been living at the same property as the male victim and on September 26 they become involved in a verbal argument.

Graham struck the man twice in the face, pulled him to the ground and wrapped an arm around his neck until the victim thought he was going to pass out. However, there was no lasting harm.

His lawyer, Jonathan Kay, said it was more akin to fight and a transitory event that did not appear to have resulted in any injury.

In a separate incident involving another victim on December 17, Graham burst into room of the woman, who was pregnant, placed his arms around her neck and pinned her to the bed.

He swore at her, but eventually let her go although he continued to behave erratically.

When she told him to leave, he walked to the roadside and said he was going to come back and “smash her”.

Graham has already spent eight months in custody and Judge Geoghegan said it was regrettable no home detention address was available to him.

He sentenced him to 14 months in prison with leave to apply for home detention if an address became available.

Home detention for assault

Judge Geoghegan urged Iraia Moeke to think about the harm done to children who observe a parent being subjected to serious violence by the other parent.

He said the impact was much more serious than Moeke could imagine.

Moeke appeared for sentence on charges of assault on a person in a family relationship, assault, behaving threateningly, intentional damage and doing a threatening act.

In August last year, he was at home with the victim when an argument broke out in which he accused her of cheating.

He followed her into the kitchen where he punched her 10 times to the head with a closed fist.

He then went into the living room and punched three holes in the wall.

He yelled at the victim, telling her he was going to kill her.

Judge Geoghegan said these were words that his children no doubt heard.

Still angry, he told the victim to sit on a chair in the kitchen, then took a sharp knife, which he pointed at her then held close to her.

In an argument about money, he punched her with force, yelled at her and banged aggressively on the bathroom door where she had locked herself.

“That’s a chain of events where you have acted like nothing more than a bully to your children in their presence,” Judge Geoghegan said in sentencing Moeke to seven months and three weeks home detention.

He told Moeke his children should be able to look to him as a role model and he needed to get a job, so they could see someone who was working and earning their own money, rather than relying on the taxpayer.

Community work cancelled

Monique Merito appeared in court seeking to cancel her community work sentence.

The community work was imposed in 2024 when Merito was convicted on a driving charge, but granted a section 94, allowing for a community-based sentence in lieu of a disqualification.

However, she had not completed the community work.

Judge Geoghegan cancelled the sentenced and disqualified her from driving for 12 months instead.

Family violence

Mathew Woodman will reappear on June 18 for sentence on charges of breaching a protection, assault on a person in a family relationship, assault, assault on a child, breach of bail and threatening behaviour.

Through his lawyer, Whare Hika, he asked to participate in restorative justice with his victims.

A presentence report with electronic monitoring appendices will be prepared ahead of his sentencing date.