WITH a terrible record of beating his partner and breaching protection orders, it was almost inevitable that Percy James Junior Whalley would be sent to jail.
He appeared in the Whakatane District Court last week for sentencing having previously pleaded guilty to one charge of male assaults female and contravening a protection order.
The charges related to an incident where Whalley had been drinking and started arguing with his partner when he lost his temper and punched her several times in the head with a closed fist.
The victim had to be admitted to hospital with severe swelling on the back of her head and suspected broken ribs.
Judge Peter Rollo said the incident occurred only six weeks after Whalley had been sentenced to community work and supervision for similar offending.
He said Whalley had a terrible record of being abusive toward his partner, including notching up a conviction for male assaults female, common assault and several breaches of a protection order in the past year.
“You say you want some help to change and you hope that in time she will be able to forgive you.”
However Judge Rollo said in order to change, Whalley would need to give up alcohol because that was at the heart of most of the offending.
He sentenced Whalley to 14 months in jail but gave him leave to apply for home detention if he found a suitable residential alcohol rehabilitation course.
Other court appearances
Meth addict
IT took Gavin Fitzgerald Kingi less than a fortnight to re-offend after he was released from jail.
Appearing in court last week, Kingi pleaded guilty to driving while disqualified, failing to stop for red and blue flashing lights, and shoplifting.
He pleaded not guilty to possession of methamphetamine and driving dangerously.
His lawyer, Rebecca Plunket, said the cause of much of Kingi’s re-offending was his addiction to methamphetamine.
She said he was first sent to prison in 2002 and since then he had been in and out of jail.
Alcohol and drug practitioner Matetu Mihinui said Kingi met the criteria for severe methamphetamine use disorder and, as a result, was eligible for assistance.
“His subsequent offending has been around methamphetamine and finding methamphetamine. However he has never been offered a rehabilitation course.”
He said Kingi had started using methamphetamine following the death of his son about a decade ago.
“At the time he was gainfully employed but since then he has not worked. If he does have the opportunity to do such a course he will make some changes that will help him, and he is still young enough.”
However Mr Mihinui said before Kingi could undertake any rehabilitation course he would need to participate in one-on-one and group counselling.
“If Mr Kingi was sentenced to jail he would not be able to undergo one-on-one counselling or group counselling.”
Mr Mihinui said one-on-one and group counselling was only offered to prisoners who were serving sentences longer than two years and as a result Kingi had never had the opportunity because he had only completed short periods in jail.
Judge Rollo said Kingi’s track record meant that he should be sentenced to jail.
He said he recognised the best way of ensuring Kingi did not reoffend would be for him to undertake the rehabilitation course and so he called for a presentence report to be prepared.
“I accept, Mr Kingi, looking at your history, you have spent a hell of a lot of time in jail.
“You have to change that by dealing with the cause of your offending. But if you can put yourself into a position where you can put that behind you then there are so many positive opportunities available to you.
“You have to be determined.”
Judge Rollo remanded Kingi to reappear on September 21.
Three times
WITH two previous convictions for drink driving, Mark Andrew Dunn was back in court last week.
He pleaded guilty to one charge of driving with excess breath alcohol, third or subsequent.
Dunn had been driving on State Highway 34 near Kawerau on July 9 when police saw him cross the centre line into oncoming traffic and pulled him over.
His breath alcohol level was 785 micrograms of alcohol per litre of breath, more than three times the limit of 250mcg.
His lawyer, Steve Franklin, said Dunn thought he would be alright to drive but had miscalculated.
“He doesn’t want to make any excuse, he exercised poor judgement on the evening. He is very sorry and has said this won’t happen again.”
Judge Rollo said Dunn had two previous drink-driving convictions incurred in 2004 and 2005. He ordered him to pay a $1000 fine plus $130 in court costs and disqualified him from driving for 12 months and one day.
“With three convictions, a fourth could result in a loss of liberty possibly even jail time.”
Last chance
AFTER several adjournments to find an address to serve a home detention sentence, and with his last option having fallen through, Mark Louis Hohua was resigned to going to jail.
He was in court last week for sentencing after he pleaded guilty to driving with an excess breath alcohol, third or subsequent.
His lawyer, Cate Andersen, said Hohua had been hoping he could serve a home detention sentence at an address in Murupara but it had fallen through because those living at the house would not be able to financially support him.
Judge Rollo said Hohua was stopped by police on Bracken Street in Whakatane on May 7. His breath alcohol level at the time was 614 micrograms.
He said Hohua had several other convictions but he was prepared to give him a chance.
“I’m going to step back from an earlier indication from another judge of home detention.”
He sentenced Hohua to nine months supervision and disqualified him from driving for 12 months and one day.
No further penalty
David Ahmat Yellub’s passport was returned and he was convicted and discharged on a threatening behaviour charge, as promised, after completing a sentence of community work.
In June, Yellub was sentenced to 75 hours community work for injuring with intent, and his passport was taken off him.
Lawyer Steve Franklin said when Judge Paul Mabey imposed the community work he told Yellub the remaining charge of threatening behaviour would be discharged if the hours were completed.
Police prosecutor Chris Howard confirmed a note to that effect was on his police file.
Still assault
JUDGE Rollo told Kawerau man Reece Aaron Wimutu that assault under New Zealand law did not require him to hit anybody.
The 32-year-old appeared for case review having earlier pleaded not guilty to assault on a child.
Through his lawyer, Steve Franklin, Wimutu changed his plea to guilty.
Mr Franklin told the court there was no marking, harm or bruising done to the child.
“He was really more intimidating in his actions than anything.”
Judge Rollo said on April 28 at Kawerau, the child was provoking him in the car, pulling his hair and kicking his chair.
“You essentially lost your cool and got out of the driver’s side and opened the door where he was.
“You threw a number of right hand closed fist punches but didn’t strike him.”
Judge Rollo said assault under New Zealand law didn’t require him to hit anybody but to bring about fear in the person that was going to be struck.
“It would have been a very scary incident for that boy.
“When you’re in a parental role, as you are with this boy, the right example must be given at all times.”
Wimutu was sentenced to 65 hours community work, nine months supervision and ordered to take a parenting programme.
Drive away
DESPERATE to avoid further conflict with his partner during a heated argument, Christopher Tebutt drove while his licence was suspended.
The 24-year-old from Manawahe pleaded guilty to driving while his licence was suspended and common assault.
Lawyer Cate Andersen made an application under Section 94 of the Land Transport Act for no further disqualification to be imposed on her client.
Judge Rollo said when Tebutt’s partner refused to leave the house, the defendant pushed her forcibly out of the door causing no injury.
He said, according to police, the driving was a sensible response to the circumstances and the assault was at the low end of the scale.
Tebutt was fined $400 for driving while suspended and a further $150 on the common assault charge.