Defendant explains crimes committed to keep him in jail
A MAN who regularly offends, with the sole aim of going back to prison, has landed back behind bars again — but it will not be for long.
Kaama Tetakoree Waenga (31) was due to be sentenced before the Dunedin District Court a couple of weeks ago but a foulmouthed rant aimed at Judge Michael Turner resulted in the hearing being delayed.
Yesterday, however, it was a different story.
The judge asked Waenga — who opted to represent himself — whether he wanted to make any comments regarding the penalty to be imposed.
Then he waited.
Waenga, who appeared by videolink from prison, sat there mute, making no reply.
‘‘I take it you don’t,’’ Judge Turner said.
When released from prison in 2018, Waenga was placed in a motel while more permanent accommodation was arranged.
He trashed the place so he could return to jail.
Again in 2019, he took just a few hours to get back in custody.
He smashed his way into a Mosgiel shop and a bank with a pick axe before calling police to confess to the crimes.
Waenga was released following that term on January 29.
Six days later he was at Pak’nSave with a hammer he had found, smashing three large glass panels in the store’s front.
As usual, he told arresting officers he had done the damage because he wanted to return to prison.
Judge Turner said a psychological screening in 2017 suggested there were possible mentalhealth issues that might need to be addressed.
But Waenga had never engaged in any further assessment to find out what they might be.
‘‘He needs stable and supportive accommodation.
‘‘The problem is Mr Waenga has sabotaged every effort made to date,’’ the judge said.
Why he continued to prefer lockup to freedom seemed likely to remain unknown.
At the defendant’s last hearing, when asked why he had committed the crimes, he said: ‘‘Because we’re f... gangsters, bro. F... wake up.’’
Waenga was jailed for nine months.
It will be only weeks before he is released again.
TWO burglary charges on which the man was found guilty at a jury trial were the most serious of six matters bringing him for sentence, Judge Michael Crosbie said sentencing him in the Dunedin District Court yesterday.
One burglary was of a Duke St address in the latter part of 2017. The other was of a Kaikorai Valley Rd address in January 2018.
Gordon Green (41), of Dunedin, had pleaded not guilty to the burglaries.
But he had admitted assaulting a coprisoner with intent to injure him, at the Otago Correction Facility, in September, 2018; resisting a constable and escaping from the constable’s custody, on June 1, 2018; and breaching a prison release condition in failing to report to probation, on June 11, 2018.
Crown counsel Richard Smith said five firearms were among items taken in the Kaikorai Valley Rd burglary. Some were not recovered.
The assault at the Otago Corrections Facility involved an attack to the head and was aggravated by having occurred at a prison.
Counsel Marie TaylorCyphers said Green had been in custody ‘‘coming up two years in June’’.
The judge said the victim of the Duke St burglary was a 19yearold tradesman who lived with four student flatmates.
He lost his Xbox and some Xbox games, his wireless headphones and some cologne.
He was frustrated and angry that someone would break in and take items had worked hard and saved for. He did not have insurance and was unable to replace them.
‘‘He says he could not sleep. He was paranoid this sort of thing would happen again.’’
In the Kaikorai Valley Rd burglary, the victim’s firearms safe was opened. He found his home ransacked and personal items such as passports and family heirlooms stolen.
‘‘His wife was scared . . . someone had forced their way into a safe place which wasn’t safe any more . . . all his firearms were taken . . . he was very worried about someone running around loose with them.’’
Concerning the prison assault, the judge said Green and the victim were in an exercise yard with other prisoners, about 2pm on September 21, 2018.
Unprovoked, Green punched the victim in the face and head then put him in a headlock and kneed him in the head.
The victim sustained a bleeding and swollen nose.
From what would otherwise have been a sentence of six years and one month’s jail, the judge made adjustments resulting in a final term of four years and six months, the reduction taking into account Green’s violent and unfortunate upbringing and other factors underlying his offending.
Green appeared by AVL, as did counsel.
Jail sentence
The defendant had previous violence and driving convictions, Judge Michael Turner said sentencing a 31yearold man to two years and five months’ jail and imposing disqualifications which mean he will not be eligible to drive again until June 8, 2023.
Tamati Rangiwahia Ellison, of Dunedin, was before the judge last week on convictions for a Crimes Act assault on a male, on July 12 last year; driving with a breathalcohol level of 933mcg, and while disqualified, on Midland St, on July 16; assaulting a woman with whom he had been in a family relationship, intentionally damaging her cellphone, unlawfully taking her car, stealing $126.08 petrol from Z Energy Andy Bay, and driving while disqualified, dangerously and failing to stop for police, on August 2930.
Ellison had admitted the offending.
The judge said presentence material indicated Ellison lost his parents at a young age and had been disconnected from his family for some time.
‘‘They have not abandoned you,’’ he said noting Ellison had chosen to disconnect from two supportive brothers but now seemed interested in reconnecting.
The judge allowed credit for Ellison’s remorse for the offending and his willingness to address addiction issues.
Also sentenced by Judge Crosbie. —
Benjamin John Langston (30), labourer, of Dunedin, drinkdriving, 121mg (went through red traffic light making left turn from Rattray St on to Broadway; in explanation said in pain from recent work accident, his medication affecting his decisionmaking), about 12.15am, January 29, fined $750, court costs $130, disqualified six months. Duty lawyer Ann Leonard said Langston did not usually drink, his medication now changed.
Naomi Amber Molloy (39), drinkdriving, 727mcg (living near Oamaru, left intending to travel to Mataura, stopped for speeding on Milton Highway just south of Milton, had travelled about 185km), about 7.55pm, March 28, fined $700, court costs $130, disqualified six months.
Emma Gibbons (23), of Dunedin, Crimes Act assault (victim partner with whom Gibbons has child; at home, argument with victim about text messaging between him and another female, tried to grab phone, in process hit him with open hand in and around chest/head area causing minor soreness and redness), about 10pm, November 12, nine months’ supervision. Gibbons not previously before the court. Also sentenced by Judge Turner. —
Jarrad Hayden Shane Egan (24), orchard worker, of Dunedin, breach of release conditions (Egan’s conditions stipulated he not possess or consume alcohol or illicit drugs, test confirmed he had used cannabis; defendant said he was being harassed by a flatmate and used the drug to cope, Judge Turner noted it was his second such breach), February 19, 50 hours’ community work.
Jamie Nicolas Aldridge (32), of Christchurch, wilful damage (angry that partner had not picked him up from party, threw her phone on ground, stomped on it), August 12; assault (angry at amount of time partner spent away from home, yelled at her, packed bags and threw them at her, put hands over victim’s face so tight she struggled to breathe, punched her in left ear), August 27; threatening behaviour, possession of cannabis, possession of utensils (began looking at victim’s phone, “if you’ve been texting any guys I’m going to smash this whole house up. I’m going to put you and him in the boot and make you bury him,” he said, police found cannabis in lounge and bong in bag), August 28, 11 months’ imprisonment, $900 reparation, protection order made in favour of victim.
Brian Sydney Nicolaou (33), panel beater, of Dunedin, breach of protection order (victim said she did not want contact from Nicolaou, any communication was to be done through lawyers, in threeweek period defendant sent five messages to 11yearold son’s phone; Judge Turner said the behaviour was psychological abuse, there had been another recent breach of the order, he noted), December 16, 120 hours’ community work.