Nine months’ jail for pro­tec­tion or­der breach

Kapi-Mana News - - COURT -

A Can­nons Creek man was in­vited to visit a woman who had a pro­tec­tion or­der against him, but was jailed af­ter the evening ended with him wield­ing a knife.

Peter John Kelly, 51, a painter, was sen­tenced to nine months’ im­pris­on­ment in Porirua District Court last Tues­day.

He was con­victed of breach of a pro­tec­tion or­der, breach of prison re­lease con­di­tions and pos­ses­sion of a knife.

Kelly’s vic­tim was in court to sup­port him.

The pair have been close friends for 18 years, but she took out a pro­tec­tion or­der against him in 2008.

On Oc­to­ber 19, the woman in­vited Kelly to her house in Can­nons Creek. He turned up drunk, and the vic­tim and her brother-in-law were also drink­ing at the house.

An ar­gu­ment be­gan be­tween Kelly and the brother-in-law, who threat­ened him, Kelly’s lawyer Sarah Pet­tett said.

‘‘His ac­tions with the knife were in re­sponse to that.’’

Kelly went to the kitchen and grabbed a bread knife, which he be­gan wav­ing around.

It was by no means the worst breach of a pro­tec­tion or­der the court had seen, Ms Pet­tett told Judge John Walker.

Kelly was not com­mit­ted to get­ting help for his drink­ing – he be­lieved it would take too much time and travel to at­tend, Ms Pet­tett said.

Vis­it­ing the vic­tim’s house broke Kelly’s prison re­lease con­di­tions to be home be­tween 8pm and 7am, Judge Walker said.

‘‘[The con­di­tions were] clearly de­signed to stop just this ex­act sit­u­a­tion,’’ he said.

‘‘You ended up be­ing re­strained. As a re­sult you were told to leave. You re­fused, and went to the kitchen, armed your­self with a bread knife and waved it around.’’

Kelly had seven pre­vi­ous con­vic­tions for breach of a

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