Judge Louis Bidois could find no “special reasons” for Izayah Andrew Whataaiwi Fa’amasino to have been driving on two of the occasions for which he faced charges.

Fa’amasino appeared in the Whakatāne District Court on Wednesday for sentence on four charges of driving while disqualified and charges of possession of cannabis plant and seeds, possession of utensils and giving false details.

His lawyer, Leonard Hemi, asked the judge to make a determination of an application for special reasons.

The special reason for driving on one occasion was that he had to take his daughter to hospital late at night and while there, hospital staff noticed he had a serious infection on his hand.

After taking his daughter home, he returned to the hospital for treatment and was admitted.

Although Hemi argued it was driving arising from a single incident, Judge Bidois said it was three incidents of driving – going to the hospital, taking his daughter home and returning to the hospital.

The special reason for driving on the second occasion was when the family vehicle broke down while they were in the bush.

They rang a cousin who arrived with a new wheel bearing and collected the partner and children to take them home.

After repairing the vehicle, Fa’amasino drove the car out of the bush, home.

Judge Bidois found there was no special reason to drive on either occasion.

A pre-sentence report recommended prison and Judge Bidois said this would be “totally justified”.

However, he decided to step back from that and impose a sentence of supervision “to help you” and community work “to punish you”.

He was sentenced to 12 months’ intensive supervision and 300 hours’ community work.

Remanded in custody

Keanu Riwhi-Mohi has pleaded not guilty to two counts of breaching a protection order, strangulation and unlawfully taking a motor vehicle.

Riwhi-Mohi entered no plea to a fourth charge of breaching supervision

An electonically monitored bail application was made and will be revisited at his next appearance on July 14.

In the meantime, he remains in custody.

Disqualificiation reimposed

Harmony Whatarau avoided a driving qualification first time around, but Judge Bidois reimposed the disqualification when she failed to do her community work.

Whatarau had previously been granted a Section 94, which allowed for the imposition of community work in lieu of disqualification.

Having been given multiple chances to get her community work done, she appeared in court with 58 hours outstanding.

Although she claimed to have been to community work for five days, community probation had a record of her being there for only two, knocking 12 hours off her 70-hour sentence.

“We try to help you, but you don’t do nothing,” Judge Bidois told her.

He cancelled the community work and reimposed the 12-month disqualification, backdating it to April to reflect that she had done a quarter of the required community work hours.

Drinking gives rise to charges

After months of abstaining from alcohol, Fonzie Henare Tira Wineera was at a family celebration and decided to drink – then acted violently.

The 26-year-old Whakatāne man appeared for sentence on charges of assault on a person in a family relationship, driving with excess breath alcohol and dangerous driving.

He was sentenced to 200 hours’ community work, 12 months’ supervision and disqualified from driving for seven months.

He was ordered to pay $300 emotional harm reparation to the victim of the assault.

Reparation ordered

Kawerau man Daniel Gerrard was sentenced to 12 months’ supervision on charges of unlawfully interferring with a motor vehicle, disorderly behaviour, threatening to do grievous bodily harm and wilful damage.

Police withdrew one threatening to kill charge and the 40-year-old pleaded guilty to all other charges.

Judge Bidois said Gerrard was unwell at the time, which provided an explanation for his behaviour.

He was ordered to pay $300 emotional harm reparation and $250 reparation for the damage caused to the motor vehicle.

Discharge without conviction

A woman who did not turn up for a judge-alone trial and was convicted in her absence has succeeded in being discharged without conviction.

Kaipiri Hiko-Reha was charged with assaulting police, obstructing police, resisting arrest, failing to answer bail and refusing to provide identification in relation to the incident in 2022 where she reacted to the perceived false arrest of her partner.

She appeared in court for sentence having being found guilty at a judge-alone trial that she did not attend.

Her lawyer, Leonard Hemi, asked the court to vacate the conviction and sought a discharge without conviction on her behalf.

The police opposed the discharge without conviction.

In what Judge Bidois described as an “ugly” incident, Hiko-Reha assaulted multiple police officers and obstructed them in carrying out their duty.

The court heard she pushed and shoved a female officer to the ground while she was trying to assist another officer.

She also pushed another officer who was trying to assist, and then resisted a police officer by punching him in the face.

In agreeing to discharge her without conviction, Judge Bidois acknowledged her heightened emotional state at the time, her standing and contributions to her community, her outstanding character references and clean record since.

Further prison sentence

Steven Herbert has been sentenced to 13 months in prison on two charges of breaching a protection order and assault on a person in a family relationship.

The court heard the 41-year-old had a significant history of violence and non-compliance and had been sentenced to 10 months’ prison last year for similar offending.

‘Waste of time giving you help’

“It’s a waste of time giving you help – you don’t want to accept it,” Judge Bidois told Isaac Straker when he appeared for sentence on charges of breaching his intensive supervision sentence and breaching community detention.

Community probation said there had been “no engagement” by Straker with the sentence.

Judge Bidois said he was not going to “burden” probation by sentencing Straker to community work.

Instead he fined him $500 plus court costs.