Dunedin District Court

THE outcome of restorative justice had been ‘‘very interesting’’, Judge John Macdonald said when sentencing a Mosgiel man for his part in unlawfully taking five vehicles.

‘‘He [the victim] has arranged work for you, once you’ve finished any prison sentence. He accepted your apology.

‘‘No doubt, he would have been upset you had taken his vehicle. But he was prepared to look beyond that,’’ the judge told Jamie Edward Kirby (27) in the Dunedin District Court yesterday.

Kirby, and a cooffender sentenced earlier, had admitted unlawfully taking a $1700 Nissan Pulsar, on June 14 or 15; unlawfully taking a Nissan Pulsar and a Nissan Primera, each valued at $1000, on June 16 or 17; unlawfully taking a $2000 Nissan Pulsar, on June 17; and unlawfully taking a $3500 Subaru vehicle, on June 19 or 20.

Kirby had further admitted stealing a car stereo, a subwoofer and jumper leads (valued at $550) from the Subaru.

Counsel Anne Stevens said Kirby attended restorative jus tice with the one victim who was prepared to meet him. It had been ‘‘fascinating’’.

Kirby had also made made written apologies to the other victims, Mrs Stevens advised.

He had been in custody for three months, she said.

Judge Macdonald said Kirby had been to prison many times before. His list ran to nine pages.

At the time of the offending, he had just lost his employment and his relationship had ended. Part and parcel of that was he was using cannabis heavily, the judge noted.

Imposing 18 months’ jail — ‘‘the least that can realistically be imposed against your background’’ — the judge said he was prepared to accept Kirby genuinely wanted to change,

Six months’ release conditions are to follow the sentence, and Kirby is also to pay $3340.15 (his share of the reparation sought).

Wakeup call

The defendant had spent 12 days in custody. He was 18. It was an immense wakeup call for him, counsel Deborah Henderson said.

‘‘He says he has come to a point where he wants to change his pathway,’’ Mrs Henderson told Judge Macdonald.

Moana Ufi, of Dunedin, had been convicted of unlawfully using a 1996 Toyota vehicle, on April 2 or 3; assaulting his partner, on May 16; two charges of careless driving causing injury, on February 8; and failing to attend court, on September 5.

Concerning the unlawful using, the judge said an associate of Ufi stole a Toyota car from St Clair golf club car park. Ufi and an associate were offered a ride. Ufi ended up driving the vehicle. The vehicle was recovered undamaged.

The assault, in May, involved Ufi punching his partner once in the ribs after an argument. His partner did not want to provide a victim impact statement.

Driving in Bathgate St, about 11.30am on February 8, Ufi failed to give way at the intersection with Wesley St and collided with a vehicle in which two women were travelling. One woman received a broken finger, the other received a sore neck which required ongoing physiotherapy.

In regard to the assault, Crown counsel Richard Smith said it was not Ufi’s first brush with the law in terms of violence. There should be a deterrent element.

Mrs Henderson, asking that Ufi be given a opportunity to show he could make changes in his life, said a sentence of intensive supervision would give him the steps to change.

Ufi was sentenced to 12 months’ intensive supervision (with conditions including threemonthly judicial monitoring).

He was also sentenced to 200 hours’ community work for unlawfully using, and concurrent 80hour terms on the charges of assault and careless driving causing injury.

The careless driving causing injury offences also brought concurrent eightmonth disqualifications and an order to pay $130 reparation on one charge.

In addition, Ufi is to pay $120 reparation for unlawfully using the Toyota.

Failing to attend court resulted in conviction and discharge.

Other convictions

A Vidit Astavans (31), self employed sales manager, of Dunedin, drinkdriving (seen by police driving the wrong way up a oneway street by the casino, admitted drinking, was uncooperative and obstructive when taken to station, claimed he had consumed only three bottles of beer; duty lawyer Deborah Henderson said it was a ‘‘very bad decision’’ but highlighted the fact it was Astavans’ first conviction), 1055mcg, 1am, September 14, High St, fined $950, court costs $130, six months’ disqualification.

Matthew Martin Miller (75), farmer, of Purakaunui, drinkdriving (spoken to by police, appeared intoxicated, said he had ‘‘a couple of drinks at a local bar’’; defence counsel Sally McMillan said her client was a ‘‘stalwart’’ of the Lions club, had been raising money for the local community that day, ‘‘lost track of how much he was drinking’’, Miller had five farm blocks spread around South Otago and a driving ban would significantly affect him, she said he would have to apply for a limited licence), 184mg, 8.40pm, August 18, Main Rd, Owaka, fined $700, court costs $130, reparation $210, six months’ disqualification.

Daniel Waka Minogue (36), cable layer, breaching parole (failed to comply with Moana House rule, exited from programme), August 17, sentence deferred six months.

Hayden John Kirkman (41), baker, of Dunedin, breach of protection order (Kirkman sent his expartner and others a text message which caused concern for his safety, he was taken to Wakari psychiatric ward, later sent the woman 13 more messages; defence counsel Jo Turner said her client had discovered the woman was having an affair and he had ‘‘selfmedicated’’ with alcohol, Kirkman had since been in a residential rehabilitation programme), April 2, six months’ supervision.

Nicholas Peter McQueen (26), unemployed, of Dunedin, theft (stole $102 of fuel from Z in Mosgiel), September 6; theft, dangerous driving, failing to stop (stole $94 of fuel from Z in Mosgiel, seen by police on Riselaw Rd, tried to pull him over, McQueen accelerated to more than 100kmh on Caversham Valley Rd and beyond 150kmh on Caversham bypass, police abandoned pursuit, later spoke to the defendant who admitted the facts) September 10, 2am, 150 hours’ community work, 14 months’ disqualification.

Shane Bachop (23), of Dunedin, two thefts (as above, from Z Mosgiel; judge Macdonald noted Bachop was still subject to a sentence of intensive supervision for previous offending), 50 hours’ community work.

Kevin Leslie Huddleston (51), of Dunedin, assault (the 25yearold victim had flatted with the defendant in the past, Huddleston confronted victim on Hillside Rd, argument took place over money, defendant pushed him into some bushes outside a church, and punched him the face, victim broke free and ran away; defence counsel Brendan Stephenson said his client originally wanted to talk but ‘‘things got out of hand pretty quickly’’, Huddleston maintained he was still owed money by the victim, the victim was adamant it was the other way round), June 7, 50 hours’ community work, $300 emotional harm reparation.