Whakatāne court: Jail is not a shelter solution

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“Criminal intent is not a way to get a bed,” Judge Louis Bidois told a homeless man who went to extreme lengths to get off the streets temporarily.

Creedence Hudson appeared in the Whakatāne District Court on Wednesday having been arrested the day before for damaging a police car.

With the aim of getting arrested, the 34-year-old Whakatāne man walked up to a police car and smashed the wing mirror. He then went into the police station, toldl them what he’d done and said, “I want to go to jail”.

Judge Louis Bidois was reluctant to impose a prison sentence for such minor offending and asked Hudson what was going on in his head.

“Jail is not rehab or a hotel,” he told him.

Hudson told the court he wanted to be locked up so he could sort himself out.

He said he had nowhere to go at the moment.

When asked if he would reoffend if he was released, Hudson said: “I’m not walking the cold streets again”.

Judge Bidois granted his wish, sentencing Hudson to one month in prison and ordering him to pay $300 reparation for the damage to the police car.

Fit to stand trial

Following medical assessment, George Marshall has been deemed fit to answer a raft of charges.

Marshall appeared from custody via audio visual link on charges of unlawfully taking a bicycle, theft, burglary, burglary with a weapon, unlawfully taking a motor vehicle and wilfully setting fire to a property.

He will reappear on October 14 to plead to the charges.

Assault with a vape

Ngamere Hine Kaa Dante Maaka has pleaded not guilty to assaulting a man with a weapon, namely a vape, breaching a protection order by making an unauthorised call, and shoplifting.

The 26-year-old Whakatāne woman was remanded until October 30 for case review.

‘Enough is enough’ – judge

A suspended driver’s attempt to avoid a driving disqualification has been thwarted with Judge Biodois saying “enough is enough”.

Anthony Ohlson appeared for driving while suspended after being caught driving while his licence was suspended due to excess demerit points.

Judge Biodois said Ohlson had enjoyed “good fortune” and been treated leniently in the past, having received a Section 94 three times whereby the mandatory driving disqualification was substituted for a community based sentence.

“Sometimes enough is enough,” he said.

“You need to learn some consequences.”

He fined him $500 plus court costs and disqualified him from driving for 12 months.

Dock behaviour backfires

A Whakatāne man is paying the price for his agitated behaviour in the dock with additional time in custody.

Tuahiwi O’Ranginui Tawhai appeared in court having been arrested on a warrant after failing to appear previously to face a disqualified driving charge.

The 36-year-old explained to Judge Bidois that he was sick in bed with influenza A and simply forgot about the appearance until police officers came to his house and hauled him out of bed in front of his children.

Speaking on his behalf, lawyer Lisa Ebbers acknowledged Tawhai had been agitated in the court cells but had calmed down as soon as he had been able to speak to a lawyer.

He was not happy with the way he was handled by the arresting officers from Tauranga, she said.

Judge Bidois initially remanded him in custody until today, to give him some time to calm.

However, after Tawhai became increasing agitated in the dock, bashing at the glass, the remand in custody was extended to October 21.

Shoplifting an ‘outlet’

Emmanuelle Hohepa has been sentenced to 140 hours’ community work and 12 months’ supervision for a raft of shoplifting offences totalling in excess of $1500.

The offending happened after a 14-year period in which Hohepa had not been in trouble with the law.

Lawyer Lisa Ebbers told the court Hohepa was not sure why he had taken the things he had taken, but thought it was some sort of “outlet” for him during a difficult time.

“You need to be honest about what’s driving your offending so appropriate action can be provided,” Judge Bidois said in sentencing him and ordering him to pay reparation for the goods stolen.

The community based sentence takes into account the month and 10 days Hohepa spent in custody.

Breach and go to prison

In sentencing Dennis Alex Joseph Apelu to community work for assault on a person in a family relationship, Judge Bidois warned him not to breach.

The judge acknowledged he was imposingd the sentence of 140 hours' community work against community probation’s wishes, with Apelu not having a good history of previous compliance.

“If you breach your community work, you will be resentenced and go to jail – enough is enough,” he said.

He also ordered the 52-year-old Whakatāne man to pay $250 emotional harm reparation to the victim of his assault who suffered a sore arm and dizziness after hitting her head, but no significant lasting physical injuries.

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