Home detention for domestic assault

Teariki Araipu has been sentenced to home detention for an assault in which he placed his hand over the mouth of his ex-partner and impeded her breathing multiple times.

Araipu, 35, appeared in the Whakatāne District Court for sentence on Wednesday, having been found guilty of impeding beathing, assault on a person in a family relationship and breach of a protection order.

Judge Bill Lawson outlined to the court how on May 3 last year, Araipu had been invited to the victim’s house via text message. She was asleep and awoke to find him standing over her bed.

During the events that followed, he covered her mouth, stopping her from breathing, on several occasions, and assaulted her.

A protection order was in place at the time.

“You were invited, but when you got there ... you were violent and controlling,” Judge Lawson said.

“In her own home where she was entitled to feel safe.”

While it was manipulative and controlling offending, Judge Lawson said the violence was fleeting and the victim did not lose consciousness.

In a pre-sentence report, Araipu maintained he was not guilty and blamed the victim.

Their relationship was over and Araipu was said to hold no animosity towards her.

He was sentenced to nine months’ home detention to be served in Auckland.

EM bail declined

Maveric Abraham Te Aute Paul remains in custody following an unsuccessful application for electronically monitored bail.

The 27-year-old man is awaiting trial on charges of assault on a person in a family relationship, speaking threateningly and breach of a protection order, which he has pleaded not guilty to.

He also faces a charge of breaching his court release conditions, which he has yet to enter a plea to.

Judge Bill Lawson declined an application for EM bail, citing Paul’s previous offending while on bail and the need to protect the alleged victim who lived close to the proposed bail address.

He said he might support bail at another address further away that could be more closely monitored with CCTV.

Paul is due to reappear on June 3.

Licence issues

With no vehicle and it being three years since the drink-driving offending that led to Ricky-Paul Moeke having an alcohol interlock licence, Judge Lawson granted an application to review the sentence and cancel the alcohol interlock.

Duty lawyer Nickie Franklin said Moeke did not own a vehicle – a claim that was checked by police – and was having difficulty obtaining his restricted licence because he remained subject to an alcohol interlock.

Judge Lawson sustituted the original sentence with six months disqualification from driving, backdated to June 2024, allowing Moeke to apply for his restricted licence.

No bail

A serial shoplifter has been declined bail after appearing on four new charges.

Phaeton Irihapeti Taumata, 44, from Rūātoki is charged with stealing a $699 JBL speaker and various other items totalling $70 from the Warehouse. She is also accused of stealing a $1448 generator from Bunnings in Gisborne and items from BP Bayview totalling $609.

In declining bail, Judge Lawson referenced numerous previous offending of this type while on bail, saying he was not satisfied that Taumata would not commit further offences.

She will reappear in court via audio-visual link on June 4.

Bail to Auckland

Effrem Dion Jonathan Te Kahu has been granted bail to an Auckland address.

He will return to court on June 12 on charges of strangulation, assault on a person in a family relationship, and injuring with intent.

The charges arise from two incidents: one on New Year’s Eve and the other in March.

Sentencing indication

Omaio-Mihirawhiti Keete Purewa Gage Williams, 20, has been further remanded until July 7 for a sentencing indication on a charge of aggravated robbery. She also faces a charge of disorderly behaviour, which she has pleaded guilty to.

Restorative justice

Fonzie Wineera pleaded guilty to assault on a person in a family relationship after police withdrew a second charge.

He also pleaded guilty to dangerous driving and driving with excess breath alcohol. He was remanded until July 8 for sentencing and a restorative justice conference.