Dunedin District Court

A MAN who called his partner from a psychiatric hospital to tell her he wanted her dead has been jailed for seven months.

Andrew David McMillan (31) previously pleaded guilty to two counts of wilful damage and one of threatening to kill.

On April 23, the defendant called and texted his expartner with abusive messages about matters from the previous day.

McMillan then went to the woman’s home and threw a beer bottle through the window of her caravan.

He was arrested and housed in Wakari’s psychiatric unit from where he called the victim, telling her he wished she was dead.

McMillan’s plight worsened when he came before the Dunedin District Court four days later.

While he was in a holding cell he tampered with a sprinkler and was told by Corrections staff to desist.

Instead, McMillan began breaking metal pieces off the roofmounted sprinkler causing an alarm to sound.

When Corrections officers intervened, the defendant charged at them and had to be restrained.

He was moved to another cell but damaged the sprinkler in there, too.

His counsel, Sasha Dolby, said her client “found himself in a very dark place at the time of the offending”.

He had unresolved grief issues over the death of his mother and was under pressure as a solo parent, she told the court.

Ms Dolby said the police’s intervention in April effectively saved McMillan’s life.

‘‘Being in custody has provided him with a quiet place to reflect and get back on track,’’ she said.

At sentencing in the Dunedin District Court, Judge Kevin Phillips said McMillan was considered a high risk of reoffending and his rap sheet was approaching ‘‘alarming stages’’.

He was ordered to pay the court $449, his expartner $400 and a protection order was granted in her favour.

‘‘I’m sorry,’’ McMillan said to supporters as he was led away.

Incidents ‘bizarre’

‘‘Bizarre’’ was the only way to describe the incidents, Judge Phillips said sentencing a man on charges of assault and wilful damage. The presentence report said neither drugs nor alcohol were a feature of the offending. The defendant had no previous convictions for violence.

Steven Robert McNamara (41), of Dunedin, had been convicted of assaulting four people (including a policeman), disorderly behaviour likely to cause violence, and wilful damage, on April 28; and two assaults, eight days apart, on a fellow resident at their Cargill St, address earlier in April.

The fact summary said McNamara was walking up Dowling St, about 8am on April 28, and deliberately walked into the path of a man who had just left the Les Mills gym.

McNamara shouldercharged the man violently, causing his head and elbow to hit a wall.

The man suffered a grazed left elbow and minor grazing and soreness to the right side of his head.

A short distance up the street, McNamara spat on to the back of a man unloading equipment from a truck.

That man was not injured but heard and saw McNamara spit on him.

Around the corner, in Princes St, McNamara stood outside the Scenic Circle hotel. Looking in through the large windows, he abused guests, spat on the windows numerous times and gave ‘‘the fingers’’ to guests seated at breakfast.

In Moray Pl, he pulled a windscreen wiper from a vehicle.

Further around Moray Pl, towards lower Stuart St, he pushed a man violently into a shop window pane, causing it to flex inwards.

Uninjured, but fearing for his safety, the victim ran away.

Police found McNamara in George St about 8.10am. He was agitated and, while being arrested, spat at a constable, hitting him on the arm.

He then told the constable he was hepatitis C positive. And he said the constable would probably die before he would.

In explanation, McNamara said he wanted to assault somebody. And this time he wanted to make sure there were witnesses.

At the Cargill St address where McNamara and a 61yearold fellow resident were living on April 15, McNamara woke the victim by banging on the wall between their rooms, about 10.30pm.

The victim knocked on his door.

McNamara answered the door, accused the victim of making noise, then pushed him in the chest causing him to have to step back so as not to lose his balance.

About 7.30am on April 23, both men were at the address.

The victim went to do some washing and McNamara followed.

In the laundry there was a disagreement about noises in the night.

McNamara punched the victim seven or eight times, hitting him on both shoulders and the chest.

The victim yelled for help. McNamara told him to stop yelling as people were trying to sleep. He then slapped the victim on both ears.

Counsel John Westgate said McNamara was appearing for the first time for offences of violence. He had been in custody for about the past three months.

Judge Phillips sentenced McNamara to 12 months’ jail (made up of cumulative sixmonth terms on two of the assaults) with six months’ release conditions to follow.

Shorter concurrent prison terms were given on all other charges.

Balclutha man jailed

A man’s behaviour in two incidents at Balclutha on April 6 and 7 brought him eight months’ jail.

Tyler Daisley (42), tattooist, of Balclutha, was being dealt with on convictions for assaulting the manager of a supermarket in Clyde St, trespassing on the supermarket, disorderly behaviour, and resisting a constable; and speaking threateningly, in James St.

Daisley went to the supermarket about 10.15pm on April 6. He was intoxicated and abusive and asked the manager for a pen. When he began ranting and raving the manager asked him to leave, walked him outside, and told him he was trespassed.

Daisley went back inside and was told to leave.

Once outside, he said the store would not be there in the morning. He would smash the windows and burn the store down.

After the manager called police, Daisley punched him once in the chest.

When police arrived, Daisley kept going back into the shop. He resisted arrest and had to be forced to the floor to be handcuffed.

A few hours later, early on April 7, Daisley went to a James St house. Witnesses from a case that saw him jailed in January lived there.

Daisley threatened one person for ‘‘being a rat’’. He offered to fight another person and he told them they had two weeks to leave town or he would be back with a gun.

Counsel Ann Leonard said Daisley was affected by prescription drugs at the time. His medication had now been changed. Daisley pleaded guilty to the charges and had written a letter of apology to the supermarket owner. He also accepted prison was inevitable. He was already on release conditions and had been in custody for three and ahalf months.

Judge Phillips told Daisley the store owner and his staff were shattered. ‘‘They now fear you.’’

Being on release conditions for similar offending was an aggravating factor, the judge said.

Daisley was sentenced to eight months’ jail for assault and given shorter concurrent sentences on the other charges.

Other convictions

Jane Margaret Ross (30), chef, of Dunedin, drinkdriving (stopped at checkpoint and breathalysed, admitted she had been drinking; counsel Werner van Harselaar said his client was embarrassed to be in court and was a first offender), 7pm, June 24, 446mcg, Wharf St, fined $500, court costs $130, sixmonth disqualification.

Adam Charlett (22), of Dunedin, burgling Go Bus (seen leaving, arrested, all goods taken recovered), February 6 this year; intentionally damaging two windows at Playfair St property (had been drinking there, upset when associate did not want to leave with him; broke glass panel in front door by punching, tipped over wheelie bin full of recycling and broke conservatory window with metal cover), about 4pm, February 9; trespassing at Night’n Day, Princes St, February 1; intentionally damaging window at Distinction Hotel (night porter took Charlett to fifth floor where associate staying; unable to leave via stairwell when associate did not respond to knocking; kicked glass panel in exterior door breaking it; found at hospital getting treatment for cut foot), about 2am, December 7 last year; trespassing on his mother’s Mosgiel address, December 2, 12 months’ intensive supervision; reparation, as ordered. Public defender Sophia Thorburn said Charlett starting to understand he needs to accept help and prison is not good for him.

Brendon Hemi Raukura (17), youth beneficiary, of Dunedin, causing loss by deception (Raukura under care of Mount Cargill Trust before being under care of Pact; on four separate occasions between January 8 and 18 booked taxis, fares amounting to $300.70, using Mount Cargill Trust account but was no longer with the trust and had no authority to book taxis); dishonestly taking order forms, between January 26 and February 15, in Pact house where living, ripped forms from Pact order book; used forms to obtain $292.99 groceries from Pak’N Save, cellphones to value of $1288.97 from South Dunedin Warehouse Stationary; explanation, used forms to buy food and phones which he gave away); Crimes Act male assaults female offence against 36yearold woman known to him (street altercation between Raukura’s family and victim’s associates; victim attempted to defuse; Raukura punched right side of her head twice causing soreness and swelling behind ear, Raukura then picked up scooter and, staring at victim, held it above his head in threatening manner), Wilson Ave, about 6.30pm, April 3, 150 hours’ community work, 12 months’ supervision, reparation $1882.66.

Johnny Lee Walker (34), labourer, of Dunedin, assault (argued with his partner of five years at home, Walker spat in victim’s face twice and was verbally abusive; defence counsel Sophia Thorburn said her client was locked in a custody dispute over his four children from another relationship at the time, Walker said ‘‘I need to show [my partner] respect and make her feel safe and treat her a lot better than I have done’’), May 14, 120 hours’ community work, nine months’ intensive supervision.

Zebb Billy Moore (26), of Dunedin, Summary Offences Act assault on male, intentionally damaging woman’s car, speaking threateningly to woman (drinking alcohol with both victims at woman’s flat; became very intoxicated; confronted male, grabbed his right arm pushing him against kitchen counter resulting in bruising to arm; woman broke up confrontation and male left; Moore accused woman of taking his cellphone and car keys, said would start smashing her property if she did not return them; she said did not have the items; leaving, Moore kicked front passenger window of woman’s car smashing it; returned to woman’s flat demanding to be let in; kicked door, no damage, when refused entry; before leaving, told woman she had until 8am to return his property or he would come back and damage her property), 10pm, December 19, 120 hours’ community work, six months’ supervision (includes requirement to undergo ‘‘Stopping Violence’’ programme), reparation, as ordered.

Stuart Taputi Ngatai (56), of Dunedin, breaching protection order (remained in building occupied by protected person without the person’s consent), June 8, six months’ supervision (to undergo any treatment, counselling, programme, intervention, as directed), court costs $130.

Adrian Allan Waldron (36), of Dunedin, intentional damage (argued with partner over a $20 contribution to power bill, loaded his possessions into his car, threw rubber toy through house window; counsel Noel Rayner said the couple remained together but living separately, $198 to cover the cost of the window had been paid), May 27, deferred sentence six months, court costs $130.