An Elgin man was discharged without conviction on an assault charge, the judge saying a conviction would have a “detrimental impact” on Mid Canterbury’s young people.

In October, Bradley Jerome Raukawa, 40, had been outside his property with his 12 year old daughter.

The road they live down was known to have “a certain attraction for local drivers,” Judge Campbell Savage said.

“The victim of the offending was driving a vehicle, likely at speed, and lost control … for some 200 metres, resulting in him crashing.”

Raukawa proceeded to walk over to the crashed car and the victim before opening the car door.

Raukawa proceeded to punch the victim three times and break his nose.

Judge Savage said he was prepared to accept the assault came from “a rush of blood to the head.”

“The defendant got angry because he potentially saw his life flashing before his eyes.

“What I can’t ignore is that the victim got a broken nose.”

Raukawa first appeared in December, and was back in court making a discharge without conviction application.

Lawyer Tiffany McRae asked the judge to consider the case carefully.

“The test is whether these convictions are out of all proportion to the offending.”

She was about to continue when Judge Savage asked her to stop – he had made up his mind.

“When I looked at it initially last week, it didn’t look like a winner.

“But it seems you have dedicated a significant proportion of your life to help other people.”

Raukawa is a youth support officer and has worked in the role through his church for some time, Savage said.

“He is undergoing part time study with a career in counselling in mind.

“When I look at the career of service the defendant has embarked upon, I could see some doors being closed to him, which would have a detrimental affect on him, his family and kids.

“It would [also] have a detrimental impact on the youth of Mid Canterbury to not receive guidance from the defendant.”

Savage exercised his discretion and granted a discharge without conviction, and ordered Raukawa to pay an emotional harm settlement of $500 to the victim.

The victim’s mother, who had sat in court through the hearing, asked the judge if she could say something following the verdict.

She said his tyre had popped which is what caused the car to lose control and crash.

“What if my son had hit his head when he spun out?”

“When Brad hit him – and it was more than three times, the ambulance said it was 20 – what if he’d hit his head when he spun out, and Brad hit him?”

“Well that didn’t happen, so I didn’t have to consider it,” Judge Savage replied.

“I know,” the mother said, “but it just seems wrong”.

Dangerous driver admits “stupidity”

A Templeton man apologised for his “act of stupidity” that made him a risk on the road.

Ross Martin Campbell, 57, entered a guilty plea for causing a loss of traction when driving.

Lawyer Gretchen Hart made a “section 94” application to substitute a sentence of driving disqualification – the usual sentence for this offense – for a sentence of community work.

“He has provided me with the information to put before the court, including a letter from his doctor to show he could do community work.”

Details of the case were not shared in court, but Judge Savage said it was a shame to see him back in court.

“You’ve been out of trouble for so long.

“You’ve done a pretty good job.”

Campbell addressed the judge directly.

“I admit I was in the wrong.

“I was in a rush that day, and I over accelerated.

“It was an act of stupidity on my behalf.”

Judge Savage asked the police whether the request for a community sentence could be granted.

“I’m sorry to put you on the spot, but you’ve got someone who’s put in so much effort to expend bad habits.”

Police said they were not opposed to granting a community work sentence.

Judge Savage granted the submission – he sentenced Campbell to 50 hours of community work sentence and did not disqualify him from driving.

“The system’s not out to get you – today’s it’s going to help you.

“When you’ve got somebody who’s made a break and changed things around, they’re to be encouraged rather than made despondent.”

Man apologises for drink driving

Aaron Bruce Chesmar, 44, was in court on a drink driving charge.

The man from Aranui, Christchurch, had a previous drink driving conviction, but it had been “13 years since his last offence,” lawyer Clare Yardley said.

Chesmar would receive an alcohol interlock sentence, meaning he’d need to pay to install an alcohol interlock device in his car once his driving disqualification was up.

“He’s been out of work for some time, approximately a year.”

“If he gets work, it’s going to be a lot easier on his pocket paying for this device.”

She requested he receive a sentence of community work so he could be allowed out in the community.

Chesmar addressed Judge Savage directly.

“I’d like to say I apologise for mucking the court around.”

“I’d hope so,” Savage responded.

“When you’re over twice the legal drink driving limit, you could’ve killed someone.”

“I understand sir,” Chesmar reiterated, “I apologise.”

Savage convicted Chesmar, sentenced him to 50 hours of community work, and disqualified him from driving for 28 days.

After this period, he’ll have to apply for an alcohol interlock licence, and get an interlock installed into his vehicle to use it.

“Good luck for the job hunt,” Savage said.

Transferring matters

Damien Ross Mann, 33, was in the Ashburton District Court on charges of assault, resisting police and possession tools for cannabis use.

Lawyer Jennifer North asked that past matters, which were being heard in the Ashburton court, be transferred over to Christchurch.

“Mr Mann has new charges from the 11th of December from Ashburton, but they’ve been filed to Christchurch.”

Judge Savage remanded Mann in custody until late February, and is transferring all his matters to Christchurch.

By Anisha Satya