Threatening violence
Hinds man Bradley Alan Scott, 31, was in court for sentencing on careless driving, unlawfully taking a vehicle and drug-related charges.
Judge Brian Callaghan said since the offending, Scott had made progress away from his bad habits.
“He’s taken steps to address drug use,” he said.
“Your drug offense was impacted by an associate of yours, who pressured you.”
Scott worked part-time as a truck driver, and had a son and wife to care for too.
“You’re a committed father, and [your wife] wants you, for the family’s benefit, to be able to return to full-time work.”
“I’m satisfied that I don’t need to consider for you a sentence of imprisonment.”
Callaghan sentenced Scott to five months of community detention, 16 months of intensive supervision and 160 hours of community work.
All drugs and related drugs in his possession were to be destroyed.
Tens of thousands stolen
An Allenton woman appeared on a charge of receiving stolen property.
Senimili Vakasau Olin, 65, pleaded guilty to receiving $79,000 illegally from a local towing company at an earlier hearing.
Lawyer Gretchen Hart said Olin acknowledged her involvement in the activity, but said she was also a victim.
“It was mainly the other person’s fault, wasn’t it?” asked Judge Callaghan.
“Yes it was,” Hart replied, “but they’re out of the country now.
She said Olin had “not taken more than what the third party told her she could take.
“But she understands she was involved.”
Police prosecutor Sergeant Trevor Holman notified Callaghan that Olin had received a warning for a similar matter to this stealing.
“I acknowledge that,” Callaghan said.
“I don’t see any point in a sentence other than conviction and emotional harm to the victims, to be honest.”
Olin was convicted and sentenced to six months of “come up if called upon” – If she reappears in the court within six months for a fresh charge, this one reactivates and stacks onto, or “aggravates” it, resulting in more severe consequences.
She must also make an emotional harm payment of $1000 to the towing company.
Careless driving
A Christchurch woman was granted a discharge without conviction following a State Highway One crash in September.
Anisha Priyal Satya, 21, had rear-ended a car waiting to turn right onto Hatfield Overdale road.
That car was pushed over the centre line, colliding with an oncoming vehicle which was sent into a nearby paddock.
Satya said she had not seen the car waiting to turn as it was wet and foggy.
Magistrate Sarah Steele said the car being grey in those conditions would have made it even harder to see.
Satya’s initial hearing had discussed a discharge without conviction, which she could apply for had she gone through the restorative justice process, passed a defensive driving course and paid reparations if they were sought.
No written submissions had been filed to the magistrate, but duty lawyer Paul Bradford said she’d “done everything that was asked of her,” and asked Steele to consider the discharge anyways.
Police had no issue with a discharge without conviction.
Steele told Satya she needed to reduce her speed for the conditions in future, but granted an oral discharge without conviction.
Drink driving
A man from Eiffleton was in court last week for drink driving at almost triple the legal limit.
Mark Andrew Hobbs, 52, was stopped by police and blew a breath alcohol reading of 600 micrograms – the legal limit is 250.
“His father has had to step up significantly,” said lawyer Cory Shaw.
Shaw said the offending was “rather out of character” for Hobbs but had not received much instruction from him on how to handle the case.
Hobbs’ father then stood up from the gallery and addressed the judge directly, claiming he had attempted to make contact with Shaw and get the matter progressed.
Shaw had just returned from a small leave, so Dravtizki adjourned the matter so he could consult with the two men further.
Common assault
An Elgin man faced a charge for common assault in the Ashburton District Court last week.
Bradley Jerome Raukawa, 40, witnessed the victim’s car lose control on the road in October.
He approached the victim after it crashed, opened the car door and kicked in a window.
Raukawa proceeded to punch the, three times and “ruin” his nose.
He will make a discharge without conviction application and return to court in February.
Teeth knocked out
Nathan Lee Rolton, 29, was out one night with the victim in June.
Rolton approached the victim and asked him to leave, and when the victim refused, he punched him in the face, knocking a front tooth loose.
“There is a history of conflict between you and the victim,” said judge Dravitzki.
“In this case, you were most unhappy with his behaviour.
“It doesn’t excuse your behaviour, but it does give some context to it.”
Lawyer Cory Shaw said while Rolton had a history with the courts, things had changed for him recently.
“He’s come a long way since he was last in court.
“He tells me he’s been engaging with stopping violence.”
Dravitzki said Rolton had seemingly made “good progress” with his sentence of supervision for previous matters.
“You have provided clean drug tests, you are working, obviously well valued at work.
“I accept, against some pretty significant history not so long ago, that you’re making some positive changes in your life.”
Dravitzki sentenced Rolton to seven months of home detention.
“Stand up”
Damian Uday Ripimai Singh, 29, was told to correct his posture when standing in the dock at District Court last week.
“Stand up,” Judge Dravitzki said.
He was in for a number of charges including assault of a family member, breaching supervision and community work sentences and contravening a protection order.
“Of 100 hours [of community work], you’ve done 20,” Dravitzki said
“Because of your failures and breaches, there’s an application to cancel your community work and supervision.”
“The most relevant thing, from my point of view, is that you’re in a relationship and your partner is about to have a child.”
He said if Singh didn’t get home detention, he’d go to jail.
Dravitzki also suggested a mental health assessment would be a “good idea.”
Singh was resentenced to four months of community detention, nine months of supervision and a condition to undertake a stopping violence programme.
Repeat driving while disqualified
Gary David Snelling, 67, was in court for a number of driving while suspended charges.
He’d accrued them while driving his partner, who’d undergone surgery that “didn’t go as planned,” and needed his assistance.
“Mr Snelling’s situation does seem reasonably straightforward on its face,” Judge Dravitzki said.
Lawyer Jennifer North said regardless of today’s outcome, Snelling would be back on the road.
He was suspended in August and “simply continued to drive,” she said.
“It’s clear that Mr Snelling will likely drive again, and we’ll end up back here again, the cycle will continue.”
“The starting point is undoubtedly a sentence of imprisonment,” Dravitzki said.
“It’s the least restrictive sentence available for me.”
“You’ll be sent to prison if you keep driving.”
“You keep driving because you’re supporting your companion, I accept that.
“I don’t accept that all of the driving is for that purpose – the reason you got the attention of police is your vehicle is not registered.”
Snelling had applied for a “Section 94” application, which would replace a driving disqualification sentence for a community-based one, like community detention or work.
Dravitzki said Snelling had exhibited dangerous driving behaviour on the road, but agreed with North that he was at risk of offending again.
“In those circumstances, I’m prepared to grant the application, and we won’t impose disqualification.
“But you won’t get another opportunity for a successful application for a s94, certainly not if you come before me.
“You’ll be sent to prison if you keep driving.”
He received eight months of home detention.