Dunedin District Court
BECAUSE of time spent in custody the defendant had in effect served a fourmonth prison term, Judge John Macdonald said sentencing a 25yearold man to supervision.
Rhett Phillip Jones was before the Dunedin District Court on Tuesday convicted of two breaches of a protection order.
Jones, of Dunedin, had admitted breaching the order by sending correspondence to the protected person, on September 16; and entering a building occupied by the person without the person’s consent three days later.
The fact summary said the victim missed a Facebook phone call from Jones, about 9pm on September 15.
The victim sent Jones a message clearly telling him to cease contact.
About 11.30am on September 16, Jones replied with three messages to the victim.
About 7.15pm on September 19, Jones arrived at the victim’s home without permission. Police were called.
Jones was arrested.
Judge Macdonald said Jones had one previous conviction for breaching the order. He had been under mental health services for several years and was under a compulsory treatment order at present.
Jones was sentenced to nine months’ supervision (with conditions including requirement not to associate with the victim, either directly or indirectly).
Other convictions
Jamie Michael Nicholls (27), painterdecorator, of Mosgiel, drinkdriving (214mg), and breaching zeroalcohol licence condition, Queens Drive, about 2.55am, August 10, five months’ community detention (curfewed 7pm7am daily), 150 hours’ community work, nine months’ supervision, medical expenses $111.99, disqualified 28 days, alcoholinterlock and zeroalcohol licences to follow. Nicholls had three previous drinkdrive convictions, in 2008, 2010 and 2014, the judge noted.
Sosefo Moniati (18), of Dunedin, drinkdriving as under20 (driving friend’s Toyota, public called police after vehicle seen crossing centre line, stopped near Corstorphine Rd, found by police shortly after, said he had been at a party and was taking a friend home; defence counsel Jo Turner said the man ‘‘caved in to peer pressure’’), 377mcg, 2.40am, September 23, Middleton Rd, fined $300, court costs $130, three months’ disqualification.
Phoebe Ellen Smith (18), student, of Otanomomo, drinkdriving as under20 (stopped while driving Toyota in Balclutha, no previous convictions; duty lawyer Rochelle Crossman said Smith stressed she had ‘‘definitely learned her lesson’’), 333mcg, 12.42am, October 27, fined $300, court costs $130, three months’ disqualification.
Kauimua Tupari Mangu Croft (19), of Balclutha, drinkdriving aged under 20 — 311mcg (random stop, said driving to find somewhere to park his car and have a sleep; admitted consuming about five vodka premix drinks that evening), Park St, Queenstown, about 11.30pm, October 20, fined $300, court costs $130, disqualified three months. Counsel Steve Turner said Croft pulling into a car park, drove a couple of hundred metres; not previously before the court.
Zane Alexandra Charles Fletcher (28), disqualified driving (pulled into motel car park to try to evade police, then tried to switch seats; said had to drive as his girlfriend not feeling well), Victoria Rd, about 8.30pm, September 8, nine months’ supervision, disqualified six months.
Sam Motuliki (29), scaffolder, of Dunedin, driving while disqualified (banned for 28 days on October 18, spoken to by police after stopping short of a checkpoint, said he was going home; duty lawyer Deborah Henderson said Motuliki’s sober driver had got drunk and he made a ‘‘stupid decision’’ to drive), October 27, fined $400, court costs $130, six months’ disqualification, vehicle confiscated.
Ronald Topi (30), fisherman, of Dunedin, driving while suspended (stopped by police in Milton, could not produce a driving licence, car was impounded for 28 days; Judge Macdonald said: ‘‘you’ve got a bit older since I last saw you’’, Topi replied: ‘‘look who’s talking’’), November 13, fined $250, court costs $130, six months’ disqualification (to start in January 2019).
Amy Elizabeth Cooper (27), cafe worker, of Dunedin, driving while suspended (suspended on September 29 for exceeding the speed limit, seen driving by police who were aware of her suspension, said she was on her way to work), 9.13am, October 4, Tomahawk Rd, 140 hours’ community work (including fines remission), six months’ disqualification.
Shannon John Berryman (29), beneficiary, of Dunedin, reckless driving (driving Honda with his partner and baby in the car, near the intersection of Rattray and Princes Sts, saw a male he knew in parked car, pulled over and started angry verbal altercation with the man, drove off when police called, drove through a red light at low speed; duty lawyer Pete Tuala said Berryman left the scene in the manner he did because otherwise he would have done ‘‘something stupid’’, Mr Tuala said the defendant’s partner had also been banned from driving on Tuesday), 11.15am, August 28, Princes St, 80 hours’ community work (no disqualification).
Brendon Allan Dippie (25), of Dunedin, breach of parole (having been released from Otago Corrections Facility on March 27, breached parole, failed to meet probation officer), November 2; breach of parole (moved address without the approval of probation; defence counsel Sarah SaundersonWarner said it was the second time Dippie had been released on parole then recalled to prison, he was not reoffending but could not comply with conditions, she said), November 14; six weeks’ imprisonment.
Cody Lee Anderson (22), loader, of Dunedin, breach of community work (sentenced to 200 hours’ community work in lieu of fines in January, failed to complete the sentence in the prescribed time, 75 hours remaining; defence counsel Ms SaundersonWarner said the defendant had struggled with a shoulder injury and bereavement), September 14, 100 hours’ community work.
Devon Tyler Trent (20), labourer, of Dunedin, dishonestly took vehicle (pushed victim’s scooter several hundred metres to Carroll St, tried to hotwire it but was unsuccessful, walked away, later spoken to by police but claimed he could not remember the evening in question; defence counsel Sophia Thorburn said her client was ‘‘quite intoxicated’’ at the time but was now living with his mother, who was restricting his alcohol intake), January 26, 60 hours’ community work, $405 reparation.
Katanya Elizabeth Charlton Bishop (22), of Dunedin, Crimes Act assault, possessing offensive weapon in circumstances showing intent to use it to commit offence involving injury, threatening behaviour (Bishop and husband at home, argument, Bishop grabbed husband by the arms and, using her fingernails, scratched his upper arms, breaking the skin; punched him twice, hitting left side of his head and above ear; got kitchen knife with blade about 19cm; about 0.5m from husband pointed knife at his chest; yelled threatening words), about 8.30pm, August 30, nine months’ supervision. Public defender Ms Thorburn said ‘‘silver lining’’ defendant now getting the help she had needed for some time, restorative justice between the couple positive and healing; Bishop not previously before the court.