Judge Paul Geoghegan has warned that any application for return of a Mongrel Mob patch as a “family heirloom” will not be successful.

When Raymond Hakopa appeared in the Whakatāne District Court on Wednesday on a charge of displaying gang insignia, lawyer Natasha Hartigan, appearing on instructions from Whare Hika, told how Hika was planning to file an application with police for return of Hakopa’s patch.

“It’s not going to be successful,” Judge Geoghegan said.

When he asked Hakopa why he wanted the patch returned, he said it was a “family heirloom”.

“If that [application] comes before me, I’ll take care of that in five minutes flat – probably less,” he told the defendant.

“The thought that the Mongrel Mob patch is a family heirloom to be handed down to family members; really? No.”

Hartigan said the charge arose when Hakopa had got out of his vehicle to buy pies and forgot to put a jersey overtop of his patch.

Judge Geoghegan asked Hakopa the ages of his children, and whether that was the life he wanted for his children.

“Why are you handing down as a family heirloom anything that sticks up for that gang?

Hakopa pleaded guilty to the charge and was remanded until July 24 for sentencing.

At Hartigan’s request, no order for forfeiture of the patch was made pending the filing of submissions for its return.

Community work for asault

A Whakatāne man involved in a group assault has been sentenced to 60 hours community work.

Braven Ohlson, 20, had initially faced a charge of assault with intent to injure, but this was amended to a Crimes Act assault.

He pleaded guilty to the downgraded charge and amended summary of facts.

His lawyer, Kylee O’Connor, said Ohlson’s role in the assault was less than another offender who had been fined $400.

Judge Geoghegan noted Ohlson had come in at the end when the victim had already been hit, and kicked him.

He said he accepted the need for parity and fairness in sentencing but this was “pretty poor” behaviour.

Community work was required to underline its unacceptability and appallingness.

Threatening to kill

Hayden Conrad Monsall has been sentenced to 22 months in prison on charges of threatening to kill, possession of an offensive weapon, breach of a protection order and breach of court release conditions.

The court heard how on the afternoon of November 12, he went to the victims home and they became involved in a verbal argument. It escalated and he pushed her into the kitchen before later leaving.

Later, at around 4.30am, he arrived at the home, knocked on the door and was let in because he appeared to be upset.

He became angry, throwing the victim on the bed and jumping on top of her. He then held a sharp object to her throat and threatened to kill her.

One of the children woke, and asked him to stop.

“The fact that one of your children had to get up and tell you to stop your assault on their mother is something you need to stop and contemplate,” Judge Geoghegan said.

On November 13 at 10pm, Monsall had gone to a motel where the victim and their three children were staying.

He produced a knife which he held to his stomach, threatening to harm himself in front of the children and causing them to become very upset.

Judge Geoghegan said to his credit, Monsall then put the knife away but the victim and children were left extremely distressed.

He noted Monsall had accumulated 81 convictions in the past 22 years, including 16 in the past 24 months.

But at 38 years old, he said Monsall still had a considerable future ahead and a chance to make changes.

He urged him to lead a drug-free life if he wanted to be a good father to his children.

“They will make their own decision about their relationships with you if you don’t make changes.”

Home detention for family assault

A man who physically assaulted his partner in front of their young daughter has been sentenced to home detention.

Ricky Kohe appeared for sentencing, having earlier pleaded to assault on a person in a family relationship.

Judge Geoghegan outlined how, on December 22, Kohe was at home with the victim and his three-year-old daughter when an argument broke out, which continued through the evening.

At 3am, the victim had gone to sleep in the daughter’s room and then at 5.30am, Kohe attempted to get into the room to continue the argument.

He banged on the door to gain entry, then with a closed fist punched her in the face, causing temporary loss of hearing and nausea.

His daughter was distressed, crying and begging him to stop.

“If there’s anything that motivates you to change, it should be that,” Judge Geohegan said.

Kohe demanded the victim’s car keys, which she said were in the kitchen to give herself time to get out of the house.

He followed her, grabbing her arm in an attempt to get the keys and bit her on the hand.

“Every day in this country in every month of every year, we have children hiding under their beds, hiding in wardrobes, comforting each other, listening to their mother being assaulted by their father. And that is something that needs to stop,” the judge said.

Of Kohe’s 19 previous convictions, he said nine were related to violence or weapons.

Judge Geoghegan said he had no doubt that Kohe wanted to be the best father he could be, but it would be impossible under the influence of drugs, and he was the only one that could change that.

If he did not, the judge said he had no doubt that Kohe’s daughter would “vote with her feet” and decide she did not want to have a relationship with him.

He sentenced him to nine-and-a-half months in prison, which was converted to a home detention sentence of four months and three weeks.

It will be served at the same address he is currently on electronically monitored bail on for a raft of other drugs charges relating to cannabis, ecstacy, cocaine and methamphetamine.

Bail denied

Judge Geoghegan refused to grant Santana Virginia Jo Atkins bail on a raft of drugs, theft and fraud charges.

He had earlier granted her electronically monitored bail to a rehabilitation facility, recording at the time at that any breach would result in a return to custody.

Atkins was required to leave the facility after breaching its policies, which Judge Geoghegan said was another indication that she did not place sufficient importance on complying wth bail conditions.

He said he could not be satisifed that she would adhere to the condition of bail and remanded her in custody to July for sentencing.

September hearing

A judge-alone trial date of September 10 has been set for Mack Te Ua to defend charges of threatening to kill and assault with a weapon.

He also faces a raft of other charges to which he has already pleaded guilty and will be sentence in June.

Hearing date set

A date of July 27 has been set for a judge-alone trial for Joshua Walker of Ōhope.

The 36-year-old is defending a charge of assault on a person in a family relationship.

Drink drive fine

With Benjamin Macleod unable to do community work, he was fined $450 for driving with excess breath alcohol.

It was his fourth conviction.

He was also disqualified from driving for one year and one day.

His lawyer, Lisa Ebbers, said Macleod had denied having a problem with alcohol and Judge Geoghegan agreed that levels of his alcohol readings and gap between his offences would support that view.