Gisborne District Court news

A man granted bail after attacking his partner, tried to justify a further attack on her by calling her a nark for having reported him after the earlier incident.

But she was a victim of domestic violence — not a nark, Judge Warren Cathcart said.

She had gone to police out of desperation. Tuahuroa Takuta, 26, had got himself into the predicament he now faced.

The judge jailed Takuta for 22 months and refused leave to apply for home detention. The sentence will be followed by six months standard and special release conditions.

A driving ban was imposed for a year and a day, effective from Takuta’s prison release date.

He pleaded guilty to assault with intent to injure, assault on a female, unlawfully taking a vehicle, threatening language, two counts of driving while disqualified, each for a third or subsequent time, and theft.

The first incident was at Whakatane in January.

Takuta and the woman were arguing in a garage. She walked away but he grabbed from behind with both hands and threw her into the garage door, which came off its railings. She landed on top of it.

She went to sit in her vehicle, where Takuta kicked her in the chest, winding her.

He yelled at the woman to get out of the vehicle and when she refuse, kicked her in the shin. She tried to get out and go towards the front door of the house, but he pulled her to the ground and kicked her in the head.

She lay there until the resulting dizziness passed, then tried again to get inside the house. Takuta punched her in the mouth, causing her lip to bleed. She lay on a bed and he tried to punch her as she tried to kick him away.

Takuta picked up her electronic tablet and phone, together valued at $700, then went out to try to fix the garage door. The woman took that opportunity to try to lock him out of the house.

Takuta got into her vehicle without permission and drove off with it and the electronic items.

The woman was left with bruising to her arm and face, and a laceration to the inside of her lip.

Takuta, to his credit, handed himself in to Gisborne police a few days later, Judge Cathcart said. But while on bail for that offending, he assaulted the woman again during April, when he saw her walking down Cavendish Crescent.

He ran up to her, punched her in the face, and ripped her bag off her. A resident came to her aid.

A week earlier he texted her with a comment that included calling her a nark.

The end sentence included uplifts for the offending on bail and for previous relevant offending. There was discount for guilty pleas, and some reduction for remorse recently shown.

The judge noted the probation service’s assessment of Takuta as a high risk of reoffending and harm towards the woman.

Counsel Alistair Clarke urged the court to consider granting leave to apply for home detention, citing Takuta’s relatively young age, difficult upbringing and efforts now to address the underlying causes of his offending. Mr Clarke said Takuta’s prospects of doing that would be greater if he remained in the community.

A man’s thyroid condition might have contributed to his extreme psychological abuse of his former partner, his lawyer said.

Mac Tarei, 37, firewood worker, pleaded guilty to three breaches of a protection order, speaking threateningly, use of a document for a pecuniary advantage, four breaches of bail and two breaches of supervision.

He was jailed for nine months but with leave to apply for home detention.

The breaches of the protection order were the most serious of the offences and showed a defiance of the court’s authority, the judge said. Although they did not involve actual physical violence, it was significant psychological abuse over time.

Between August last year and February this year, Tarei sent numerous messages containing abusive and taunting comments about the woman, her mother and children.

A message in February contained comments from which the threatening language charge arose.

Some of the offending occurred while Tarei was on bail — an aggravating aspect.

The fraud charge represented Tarei’s unauthorised use of his former employer’s fuel card for purchases totalling $389. Because of that offending, he had lost his job.

The judge set a sentence starting point of 13 months imprisonment and allowed four months discount for the possibility Tarei’s problem might have directly contributed to the offending.

Counsel Jonathan Natusch told the judge that at the time of the offending, Tarei’s medication was at the wrong level. He was unable to regulate his emotions.

His guilty pleas earned him a further 25 percent discount.

Release conditions were imposed.

Sentencing for Max Moser, 23, on a charge of injuring with intent to injure, was adjourned for further inquiries on the restorative justice process and the suitability of a proposed address for an electronically-monitored sentence. Moser is now due for sentence on November 9.

Judge Cathcart told a drink-driver he took no pleasure in sending people to prison for this offence.

But Glenn Keven Pistor, 34, did not have an appropriate address at which he could serve home detention and the case had already previously been adjourned for him to find one.

Sentencing would proceed, the judge said, refusing counsel Stephen Taylor’s request for a further adjournment.

Pistor pleaded guilty to his eighth drink-drive charge and 17th offence of driving while disqualified. He was jailed for 12 months.

The judge granted leave to apply for home detention. Pistor was a suitable candidate should an address become available, the judge said.

The sentence will be followed by six months standard and special release conditions.

Pistor was disqualified for a year and day and in accordance with the alcohol interlock law.

He admitted the offences, the drink-driving involving a breath-alcohol reading of 773 micrograms.

Two women who received fishing rods valued at $2500, sold them to a second-hand dealer for $200.

Each tried to blame the other for the offending — a classic example of the adage, “there’s no honour among thieves”, Judge Cathcart said.

Jhonee Owen Rita Ngamoki-Cooper, 24, solo mother, pleaded guilty to receiving. She was sentenced to six months supervision and ordered to pay $100 for her share in reparation to a second-hand dealer.

On the charge and in lieu of an outstanding fines debt of $1915, which was cancelled, she was sentenced to 130 hours community work.

Judge Cathcart noted Ngamoki-Cooper had previous convictions for receiving.

Her co-offender is yet to be dealt with.

A woman previously given community detention at her request, in lieu of unpaid fines, admitted breaching the sentence.

Counsel William Zhang said the breach occurred when Wikitoria Parena Irihapeti Takao left Gisborne without prior approval, for five days to visit her mother-in-law who was in critical condition in Wellington Hospital.

Judge Cathcart said he was now considering jailing Takao or imposing home detention. After saying she had wanted the community work sentence, she had then defied the court and effectively said she didn’t want to do it.

But he was persuaded by Mr Zhang’s submissions as to Takao’s difficult family circumstances, the judge said. He cancelled the community detention and replaced it with 200 hours community work.

Mr Zhang also noted that before breaching it, Takao had completed about a third of the sentence of community detention.

Makere Kirikino, 31, was sentenced to 45 days imprisonment for charges she admitted — burglary, two counts of using a document to obtain a pecuniary advantage, possession of methamphetamine utensils, possession of other opiates (codeine), four breaches of bail and a breach of community work.

She had already served the sentence while on remand in custody and would now be released, Judge Cathcart said.

The judge said the offending would typically have resulted in a community-based sentence but Kirikino, by her conduct, had been remanded in custody.

She conceded to a pre-sentence report writer she would be unlikely to comply with an electronically-monitored sentence and her history confirmed it.

Counsel Manaaki Terekia said the offending was relatively low-level. The fraud charges arose out of four uses of a card, for which reparation of $150 was sought. Another of the charges resulted in a reparation order of $40.

Tom Erwin Hawea, 30, concrete worker, received five months’ community detention after pleading guilty to what his lawyer Mark Sceats described as mainly nuisance type offences — two thefts (one involving $267 cash, the other a drive-off type offence involving $40 petrol), and five breaches of bail.

Judge Cathcart said while breaches of bail often resulted in conviction and discharge, the number of breaches Hawea had racked up was concerning. It would also significantly impact his chances of getting bail in future.

The sentence accounted for those breaches and time Hawea had spent on remand in custody.

Hemi Taiepa, 35, admitted driving while suspended for a third or subsequent time, his fifth, and breaching bail. He was sentenced to nine months supervision, 80 hours community work, and disqualified from driving for a year.

A man granted bail after attacking his partner, tried to justify a further attack on her by calling her a nark for having reported him after the earlier incident.

But she was a victim of domestic violence — not a nark, Judge Warren Cathcart said.

She had gone to police out of desperation. Tuahuroa Takuta, 26, had got himself into the predicament he now faced.

The judge jailed Takuta for 22 months and refused leave to apply for home detention. The sentence will be followed by six months standard and special release conditions.

A driving ban was imposed for a year and a day, effective from Takuta’s prison release date.

He pleaded guilty to assault with intent to injure, assault on a female, unlawfully taking a vehicle, threatening language, two counts of driving while disqualified, each for a third or subsequent time, and theft.

The first incident was at Whakatane in January.

Takuta and the woman were arguing in a garage. She walked away but he grabbed from behind with both hands and threw her into the garage door, which came off its railings. She landed on top of it.

She went to sit in her vehicle, where Takuta kicked her in the chest, winding her.

He yelled at the woman to get out of the vehicle and when she refuse, kicked her in the shin. She tried to get out and go towards the front door of the house, but he pulled her to the ground and kicked her in the head.

She lay there until the resulting dizziness passed, then tried again to get inside the house. Takuta punched her in the mouth, causing her lip to bleed. She lay on a bed and he tried to punch her as she tried to kick him away.

Takuta picked up her electronic tablet and phone, together valued at $700, then went out to try to fix the garage door. The woman took that opportunity to try to lock him out of the house.

Takuta got into her vehicle without permission and drove off with it and the electronic items.

The woman was left with bruising to her arm and face, and a laceration to the inside of her lip.

Takuta, to his credit, handed himself in to Gisborne police a few days later, Judge Cathcart said. But while on bail for that offending, he assaulted the woman again during April, when he saw her walking down Cavendish Crescent.

He ran up to her, punched her in the face, and ripped her bag off her. A resident came to her aid.

A week earlier he texted her with a comment that included calling her a nark.

The end sentence included uplifts for the offending on bail and for previous relevant offending. There was discount for guilty pleas, and some reduction for remorse recently shown.

The judge noted the probation service’s assessment of Takuta as a high risk of reoffending and harm towards the woman.

Counsel Alistair Clarke urged the court to consider granting leave to apply for home detention, citing Takuta’s relatively young age, difficult upbringing and efforts now to address the underlying causes of his offending. Mr Clarke said Takuta’s prospects of doing that would be greater if he remained in the community.

A man’s thyroid condition might have contributed to his extreme psychological abuse of his former partner, his lawyer said.

Mac Tarei, 37, firewood worker, pleaded guilty to three breaches of a protection order, speaking threateningly, use of a document for a pecuniary advantage, four breaches of bail and two breaches of supervision.

He was jailed for nine months but with leave to apply for home detention.

The breaches of the protection order were the most serious of the offences and showed a defiance of the court’s authority, the judge said. Although they did not involve actual physical violence, it was significant psychological abuse over time.

Between August last year and February this year, Tarei sent numerous messages containing abusive and taunting comments about the woman, her mother and children.

A message in February contained comments from which the threatening language charge arose.

Some of the offending occurred while Tarei was on bail — an aggravating aspect.

The fraud charge represented Tarei’s unauthorised use of his former employer’s fuel card for purchases totalling $389. Because of that offending, he had lost his job.

The judge set a sentence starting point of 13 months imprisonment and allowed four months discount for the possibility Tarei’s problem might have directly contributed to the offending.

Counsel Jonathan Natusch told the judge that at the time of the offending, Tarei’s medication was at the wrong level. He was unable to regulate his emotions.

His guilty pleas earned him a further 25 percent discount.

Release conditions were imposed.

Sentencing for Max Moser, 23, on a charge of injuring with intent to injure, was adjourned for further inquiries on the restorative justice process and the suitability of a proposed address for an electronically-monitored sentence. Moser is now due for sentence on November 9.

Judge Cathcart told a drink-driver he took no pleasure in sending people to prison for this offence.

But Glenn Keven Pistor, 34, did not have an appropriate address at which he could serve home detention and the case had already previously been adjourned for him to find one.

Sentencing would proceed, the judge said, refusing counsel Stephen Taylor’s request for a further adjournment.

Pistor pleaded guilty to his eighth drink-drive charge and 17th offence of driving while disqualified. He was jailed for 12 months.

The judge granted leave to apply for home detention. Pistor was a suitable candidate should an address become available, the judge said.

The sentence will be followed by six months standard and special release conditions.

Pistor was disqualified for a year and day and in accordance with the alcohol interlock law.

He admitted the offences, the drink-driving involving a breath-alcohol reading of 773 micrograms.

Two women who received fishing rods valued at $2500, sold them to a second-hand dealer for $200.

Each tried to blame the other for the offending — a classic example of the adage, “there’s no honour among thieves”, Judge Cathcart said.

Jhonee Owen Rita Ngamoki-Cooper, 24, solo mother, pleaded guilty to receiving. She was sentenced to six months supervision and ordered to pay $100 for her share in reparation to a second-hand dealer.

On the charge and in lieu of an outstanding fines debt of $1915, which was cancelled, she was sentenced to 130 hours community work.

Judge Cathcart noted Ngamoki-Cooper had previous convictions for receiving.

Her co-offender is yet to be dealt with.

A woman previously given community detention at her request, in lieu of unpaid fines, admitted breaching the sentence.

Counsel William Zhang said the breach occurred when Wikitoria Parena Irihapeti Takao left Gisborne without prior approval, for five days to visit her mother-in-law who was in critical condition in Wellington Hospital.

Judge Cathcart said he was now considering jailing Takao or imposing home detention. After saying she had wanted the community work sentence, she had then defied the court and effectively said she didn’t want to do it.

But he was persuaded by Mr Zhang’s submissions as to Takao’s difficult family circumstances, the judge said. He cancelled the community detention and replaced it with 200 hours community work.

Mr Zhang also noted that before breaching it, Takao had completed about a third of the sentence of community detention.

Makere Kirikino, 31, was sentenced to 45 days imprisonment for charges she admitted — burglary, two counts of using a document to obtain a pecuniary advantage, possession of methamphetamine utensils, possession of other opiates (codeine), four breaches of bail and a breach of community work.

She had already served the sentence while on remand in custody and would now be released, Judge Cathcart said.

The judge said the offending would typically have resulted in a community-based sentence but Kirikino, by her conduct, had been remanded in custody.

She conceded to a pre-sentence report writer she would be unlikely to comply with an electronically-monitored sentence and her history confirmed it.

Counsel Manaaki Terekia said the offending was relatively low-level. The fraud charges arose out of four uses of a card, for which reparation of $150 was sought. Another of the charges resulted in a reparation order of $40.

Tom Erwin Hawea, 30, concrete worker, received five months’ community detention after pleading guilty to what his lawyer Mark Sceats described as mainly nuisance type offences — two thefts (one involving $267 cash, the other a drive-off type offence involving $40 petrol), and five breaches of bail.

Judge Cathcart said while breaches of bail often resulted in conviction and discharge, the number of breaches Hawea had racked up was concerning. It would also significantly impact his chances of getting bail in future.

The sentence accounted for those breaches and time Hawea had spent on remand in custody.

Hemi Taiepa, 35, admitted driving while suspended for a third or subsequent time, his fifth, and breaching bail. He was sentenced to nine months supervision, 80 hours community work, and disqualified from driving for a year.

Sacked counsel, then wanted her back

Just days away from his scheduled jury trial for assault with intent to rob and kidnapping, a man told Gisborne District Court he wanted to represent himself and wanted his lawyer gone.

Wallace John Wamoana, 43, said he was dissatisfied.

After hearing from the lawyer, Judge Warren Cathcart granted her request to withdraw from the case. The lawyer told the court her last meeting with Wamoana went badly. He was abusive and failed to co-operate.

Wamoana insisted to the court he was content to represent himself. A few days later, at a fixture just before the trial, he allowed a duty solicitor to negotiate with the Crown for a revised charge and pleaded guilty.

Prosecutor Jo Rielly told the court the Crown would withdraw the kidnapping charge and consolidate the two remaining charges of assault with intent to rob.

Entering his plea, Wamoana told Judge Cathcart he now hoped his former lawyer would agree to be reinstated for sentencing.

Commenting on Wamoana’s complete U-turn, he warned him to treat his counsel more respectfully.

Wamoana was convicted, given a three-strikes warning, and remanded on bail for sentence on December 4.

A presentence report canvassing all options, including electronically-monitored, was ordered.

The charges arose out of an incident in February this year, in which it was originally alleged Wamoana twice assaulted and attempted to rob a cousin’s son and took the man, against his will, on a car journey to Wairoa.

Mrs Rielly told the court the starting point for such offending was a term of imprisonment. But while he had an extensive criminal history, this was his first offending in recent times and it was not the worst of its type.

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