Dunedin District Court

SENTENCES imposed by Judge Kevin Phillips in the Dunedin District Court yesterday and on Thursday were. —

• Jarod Michelle (21), of Dunedin, injuring with intent to injure (victim thenpartner with whom Michelle had been in relationship for two or three months; argument between the two at Michelle’s address, victim threw cigarette lighter in direction of Michelle, lighter did not hit him; Michelle threw plastic cup at her, it hitting her in the face; Michelle followed her into bedroom, continued to verbally abuse her, punched her once in right cheek; back in kitchen, sitting on floor with victim’s phone, Michelle stood up when she entered; victim punched him in head to get her phone back; he then headbutted left side of her face, resulting in her falling; victim sustained significant swelling and bruising to her left eye and both sides of her face), about 2.20pm, January 19, five months’ community detention (curfewed 7pm to 7am daily), 100 hours’ community work (cumulative on current term), nine months’ supervision. Victim, also charged as result of the incident, was sentenced earlier. Judge noted Michelle’s previous assault convictions were in 2016 and for an offence committed in August last year.

• Michael Patrick Devlin (52), shop assistant, of Dunedin, assaulting a female, threatening to kill (victim had previously been friend, that developed into relationship, Devlin had bought victim flowers, she brought scones to his house in return, defendant told her to leave and that buying flowers would make him broke, ‘‘I want to kill you’’, he said as he grabbed her by shoulders and shook her; ‘‘I’m somewhat at a loss to understand why all of a sudden . . . the relationship changed so drastically,’’ Judge Phillips said, the victim said she now lived in fear), November 28, 100 hours’ community work, $600 reparation, protection order granted.

Sentences imposed by Community Magistrate Simon Heale in the Dunedin District Court yesterday were. —

• Charles James Garrawaye Dougherty (19), employed, drinkdriving, 840mcg (ran red light when turning into South Rd from David St, just before 4am, August 18; in explanation stated he went home to bed about 8.30pm after having had about four beers that day, a friend messaged him asking for a ride home and he decided to give him a ride), fined $400, court costs $130, disqualified 28 days (alcoholinterlock aaaand zeroalcohol licence provisions to follow). Counsel Kate Logan said Dougherty had gone to bed not expecting to drive, his friend called about 3.30am, Dougherty thought he would be all right to drive after having had a sleep; he had no previous driving convictions.

• Kathleen Matyn (42), solo mother, of Dunedin, drinkdriving, 92mg (breathtested after police noticed manner of her driving), Crawford St, about 7.30pm, July 27, fined $300, court costs $130, medical and analyst’s expenses $294.20, disqualified six months. Counsel Val Farrow said Matyn had been out watching a hockey game with friends and was not planning on driving, a change in her circumstances resulted in her poor decision to drive, she deeply regretted her decision. Prosecutor Senior Sergeant Peter Kirsopp said Matyn had not previously been before the court.

• Michael Allan Kippax (26), seasonal worker, of Dunedin, dangerous driving, and failing to stop for police ‘‘red and blues’’ (Kippax riding motorcycle displaying no registration plates, in Frederick St; police patrol, seeing him run red traffic light, activated patrol car’s red and blue flashing lights and siren; Kippax pulled over on to footpath in Castle St; police car stopped with red and blue lights still activated, Kippax turned around and raised his visor, made eye contact with police, paused briefly before turning back around and riding off, pursuit of about 700m, lasting about two minutes resulted, but was abandoned when police were unable to keep up and lost sight of him, his highest speed in the pursuit estimated at 70kmh in the 50kmh area; about 3.45pm, August 19; spoken to on September 6, Kippax said he pulled over to receive a phone call, as he turned around he noted police were behind him, he did not want to have his motorcycle impounded so thought he would try his luck), fined $300 each charge, court costs $130 each charge, disqualified 12 months (six months each charge, cumulative). Counsel Steve Turner said Kippax had no previous driving convictions, ‘‘and no convictions at all since 2011’’.

• Liam Williamson (23), employed, of Dunedin, unlawfully operating vehicle in street race (Williamson, driving Subaru, stopped for red traffic light at Cumberland StRattray St intersection along with several other vehicles; as lights turned green, accelerated heavily, along with a BMW weaving through traffic; within two blocks Williamson’s car police radarchecked at 126kmh; the BMW in far right lane travelling about the same speed; police stopped Williamson a short distance away as the BMW kept driving; Williamson stated ‘‘sorry, I was just racing’’), about 12.05am, August 25, fined $300, court costs $130, disqualified six months. Counsel Rochelle Crossman said Williamson ‘‘makes no excuses . . . says he was an idiot’’. Williamson not previously before the court.

• Ricky Murray White (28), of Dunedin, theft of $250 television (went on to Gladstone Rd property and to back of house; entered through window, removed television from a bedroom; left through the window, carrying the television, between 12am and 2am, July 7; later in day television owner noticed it missing, suspected White, went to his house and confronted him; when challenged, White admitted taking the television; claimed it had been outside the victim’s house and he believed he had permission to take it), six months’ supervision.

Discharged without conviction

The consequences of conviction would be out of all proportion to the offending, the magistrate said discharging without conviction a woman who had admitted a charge of careless driving causing injury. But he disqualified the woman from driving for six months and said there was no basis for suppression of her name.

Jocelyn Justin Singh (24), employed, of Dunedin, had admitted careless driving causing injury, the charge arising from a collision between the car she was driving and a cyclist, on June 10. The police summary said Singh was driving south on Andersons Bay Rd, about 7pm. As Singh approached the intersection with Hillside Rd, intending to turn right, a cyclist wearing a bright head torch was approaching the intersection from the other direction. Making her turn on to Hillside Rd, Singh failed to see the cyclist had entered the intersection and struck her at about 20kmh.

The impact sent the cyclist over the handlebars of her bicycle into the air. She landed hard on the road surface, about 5m from the point of impact.

Singh drove for several metres before she could react and stop.

She then got out of her vehicle and ran to check on the victim and comfort her.

She also assisted the victim by contacting her relatives by telephone at the scene before the victim was taken to hospital by ambulance.

Singh was very shaken by what had happened. Since the crash she had visited the victim a number of times, provided her with food care packages, and reimbursed her for the damage to her bike and head torch.

The victim sustained a broken right toe as a result of the crash and had time on crutches.

She also sustained concussion, soreness to her right shoulder and the right side of her torso, bruising to her left thigh and grazing to her knees.

Public defender Andrew Dawson, seeking a discharge, said Singh had taken the matter very seriously. Her actions since the accident had been ‘‘impeccable’’. Further, she had completed a defensive driving course, and she had no previous convictions.

Factors taken into account by the magistrate in granting the discharge included Singh’s genuine remorse, her steps to make reparation, her age and the effect on her employment and future travel. He also said if there was a manual about how an offender should react to what occurred, it should read as Singh had reacted.