Dunedin District Court
A MAN released from the Otago Corrections Facility in July last year has been sentenced to further jail for offences committed in September and October.
Daniel Richard Marsh (23) was before the Dunedin District Court yesterday convicted of dishonestly using a bank card (two charges), intentionally damaging a keypad lock, intentionally damaging a vehicle indicator and window wiper, stealing a sun visor, a rear view mirror and compact discs, being unlawfully in a building, and breaching a release condition.
He had pleaded guilty.
The police summary said Marsh came into possession of a man’s lost bank card on September 19.
About 5.30am, he fraudulently used the card to buy goods worth $124.87 from BP Connect. And about 6am he fraudulently used the card to buy goods worth $35.80 from Z Energy in Andersons Bay Rd.
About 12.45am on September 26, he tried to force a locked door at a High St property, resulting in the keypad having to be replaced.
Sometime between October 3 and 7, he entered an unlocked vehicle in Glen Rd and damaged the indicator and window wiper. He left, taking the sun visor, the rear view mirror and some compact discs.
In Taieri Rd, about 2.20pm on October 17, he went to the open back door of a house. A woman doing her washing in the outside wash house turned and saw him. Confronted by her, he ran off.
Marsh was released from the Otago Corrections Facility on July 18. His breach of a release condition was in failing to report to probation on October 8.
Judge Michael Crosbie noted Marsh did not recall much of the offending because he had been under the influence of alcohol. A psychological report referred to background issues, he said. And Marsh had ‘‘a heap’’ of breaches of release conditions.
Marsh was given an overall sentence of 12 months’ jail (with six months’ release conditions). He is also to pay reparation, as directed.
Sentenced over injury crash
A crash caused by him failing to stop for a red traffic light brought conviction, 140 hours’ community work and a oneyear driving disqualification for a 32yearold man.
Daniel John Gordon, technician, of Dunedin, is also to pay $7990 reparation and $130 in court costs.
He had pleaded guilty to careless driving causing injury.
The police summary said Gordon was driving a Mercedes Benz van west in the righthand lane in St Andrew St, about noon on December 4.
Approaching the intersection with Cumberland St, he changed into the lefthand lane to continue straight through.
He failed to stop for a red traffic light and collided with a vehicle travelling north in Cumberland St.
The driver of the other vehicle received fractures to both of her arms and had a cast on both hands for the following four weeks.
Both vehicles were extensively damaged.
Gordon stated the light was green as he was changing lanes and approaching the intersection, but he did not clarify whether it was green, yellow or red when he passed through.
Judge Crosbie noted Gordon was remorseful, made a prompt guilty plea and had been prepared to attend restorative justice had the victim been willing.
Imposing penalty, the judge said the offence was not ‘‘lower end’’. And a significant outcome for the victim had been frustration at not being able to do things for herself.
Year added to sentence
Cannabis offending in Whanganui last year resulted in one year being added to the sentence of a man serving a prison term at the Otago Corrections Facility.
Tui Shane Hoani Rippon (30) had been convicted of possessing cannabis for supply, and possessing cannabis, in Whanganui, on March 14.
The fact summary said police at Rippon’s address noticed a small branch of cannabis hanging in a shed near the back door. In a single car shed at the rear of the property, a large amount of cannabis was hanging from nylon lines drying. Also drying, on a large black plastic rubbish bag on the floor, was cannabis which had been trimmed from its stalks. The total weight of the cannabis was 9.4kg. Growing in a garden were three mature cannabis plants, about 60cm tall.
Counsel Debbie Ericsson said the cannabis being dried was harvested just the day before police arrived. Rippon was a heavy cannabis user. The cannabis was for personal use for himself and his brother. There was no evidence of commerciality. Rippon had been in custody for the past 10 months.
On the cannabis charges Judge Crosbie imposed concurrent oneyear prison terms. But he said the one year was to be cumulative on the sentence of four years and three months Rippon received in the North Island in December on charges including wounding with intent to cause grievous bodily harm and wounding with reckless disregard.
Rippon had already spent significant periods of his life in prison. The sentence of ‘‘more than five years in total’’ was going to be a long sentence, he said.
Other convictions
Rawiri Wheoki (38), of Dunedin, doing an indecent act (standing behind a hedge on a shared driveway watching a 21yearold female neighbour who was outside her home; seen by a third party performing indecent act on himself; walked past the victim rubbing his genitals on the outside of his pants with both hands; Judge Crosbie noted Wheoki committed an indecent assault in 2016 but most of his criminal history was for dishonesty offending; defence counsel Jim Takas said his client had led a ‘‘very unhappy, lonely and challenging life’’), August 6, 15 months’ intensive supervision, two months’ community detention.
Steffan John Groves (34), labourer, of Dunedin, assault (Groves came home from work at 5pm and started drinking; his partner went to bed at 8.30pm; the defendant came to bed four hours later after drinking 12 premixed whisky drinks; verbally abused victim because he could not find cigarettes and phone; tried to grab her by the throat; she ran from the room and called police), January 12, six months’ supervision.
Jamie William Ellison (24), of Dunedin, trespass (Ellison was trespassed from a Beresford St address in January last year; at noon he turned up at the property, knocked on the door, stayed there for five minutes and refused to leave when asked), February 17, ninemonth deferred sentence.