Dunedin District Court

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

Donna Paula Rosita Davies (37), of Karitane, drinkdriving, 221mg (driving Karitane-Waikouaiti road; approaching State Highway 1, misjudged turn, crashed into ditch; when spoken to said could not remember what happened), about 2.50am, May 17, 18 months’ intensive supervision (with threemonthly judicial monitoring), disqualified 28 days (alcoholinterlock and zero-alcohol licence provisions to follow). Davies had previous drinkdrive convictions; most recent in 2016.

Kylie Lynette Excell (37), graphic artist, of Dunedin, drinkdriving, 981mcg (said had drunk wine at lunchtime), Thomas St, about 4.40pm, June 12, 250 hours’ community work, 12 months’ intensive supervision (three-monthly judicial monitoring), disqualified 28 days (alcohol-interlock and zeroalcohol licence provisions to follow). Judge said Excell had two previous drinkdrive matters, in 2003 and 2017.

Elton John Colley (43), labourer, of Balclutha, assaulting a female, threatening act (at home with victim, argued about the victim staying out late the previous night, Colley punched a hole in a door, grabbed the woman round the base of the neck and shoulders, defendant took her phone as she tried to call police; Judge Turner called it ‘‘controlling behaviour’’), July 22, 70 hours’ community work, nine months’ supervision.

Leigh Erin Burns (41), landscape gardener, of Dunedin, unlawfully in a building, intentional damage (went to father’s house after hearing information about him, broke door open by shoulderbarging it, went to victim’s bedroom, shone torch in his face and yelled abuse at him), July 24, 60 hours’ community work.

Tony James Simon Mitchell (48), driver, of Dunedin, threatening behaviour (defendant’s daughter drove a vehicle belonging to a mutual friend against the defendant’s instructions, when she returned to yard Mitchell was enraged, hit the windows of the vehicle, she feared for her safety and called police), March 29, 12 months’ deferred sentence.

Damien Tehira Walters (30), beneficiary, of Dunedin, two charges of breach of protection order (Walters called his former partner, used abusive language, followed it up later with abusive text messages), November 3; injuring with intent to injure, theft (went to former partner’s house, found her male flatmate and drew the wrong inference, attacked him, the victim fled and fell down some stairs as he escaped; Walters was later found with the man’s cellphone and bank card), November 11, 15 months’ intensive supervision, $500 emotionalharm reparation. Walters sentenced by Judge Thomas Ingram (by AVL from Tauranga District Court). Barry James Palmer (38), of Dunedin, assaulting police with intent to obstruct them in execution of duty, about 9pm, September 18 last year, 100 hours’ community work. Palmer sentenced by Judge Dominic Flatley last week.

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

Levaula Mau (34), carpenter, of Dunedin, drinkdriving, 904mcg, (concerned member of public contacted police about Mau’s manner of driving; Mau told police he was stupid to have driven), George St, about 11.25pm, August 23, fined $400, court costs $130, disqualified 28 days (alcoholinterlock and zero-alcohol licence provisions to follow).

Luke Raymond Witchall (22), apprentice drainlayer, of Dunedin, drinkdriving, 757mcg (stopped by passing police patrol, admitted drinking five beers), Jubilee St, about 10pm, August 23, six months’ supervision, court costs $130, disqualified 28 days (alcoholinterlock and zeroalcohol licence provisions to follow). Witchall’s one previous drinkdrive conviction was in 2016.

Regan John Gillespie (20), concrete worker, of Balclutha, drinkdriving, 464mcg (stopped by police after seen leaving hotel; stated he had consumed three bottles of beer and was driving home to his address nearby), Clyde St, Balclutha, about 12.05am, September 21, fined $350, court costs $130, disqualified six months. Magistrate noted Gillespie not previously before the court.

Scott Alister George Dundass (43), employed, of Dunedin, drinkdriving, 82mg (checkpoint stop; said just finished a few drinks and on his way home), Main South Rd, about 7.15pm, August 31, fined $400, court costs $130, medical and analyst’s expenses $301.98, disqualified six months. Magistrate noted Dundass had one previous drinkdrive conviction, in 1997.

Finnian Hemi Liddell (19), parttime kitchen hand, of Dunedin, drugimpaired driving (passed random breath test, did not complete impairment test satisfactorily, blood specimen contained THC; in explanation, Liddell stated had consumed three to four bongs of cannabis), Hillside Rd, about 2am, August 3, fined $300, court costs $130, medical and analyst’s expenses $298.98, disqualified six months. Counsel Chris Lynch said Liddell’s first time before the court, ‘‘he’s pretty remorseful . . . don’t think he’ll be doing this again’’.

Douglas Alexander McLaren (35), careless driving, and threatening behaviour, motorway, Green Island, about 5.30pm, October 30 last year, six months’ supervision, reparation $3829.50 ($40 a week), to undergo driver improvement course.

Discharged without conviction

A first offender who admitted a drinkdrive offence was discharged without conviction but received a sixmonth driving disqualification.

Jochim Marthinus Gardner (43), employed, of Karitane, was charged with driving with a breathalcohol level of 562mcg, on August 11.

The fact summary said Gardner was travelling north on the Waikouaiti-Waitati road, near Evansdale, about 4.20pm on August 11.

Spoken to by police as a result of a complaint about his driving, Gardner admitted having consumed alcohol.

In explanation, he stated he felt fine to drive.

Matters taken into account by the magistrate in granting counsel Deborah Henderson’s application for a discharge included Gardner’s low likelihood of reoffending, his remorse, cooperation with police and lack of any previous conviction. Also, he had come to New Zealand on a visitor’s visa and expected his wife and children to arrive in December and live here permanently. And he had completed a defensive driving course and engaged with the Community Alcohol and Drug Service.