One last chance for drink driver
Irate at being woken up, a man held a small saw to the throat of his partner, before smacking her in the face.
On Thursday, Patrick John Berry pleaded guilty to a charge of assault with a weapon after the July 14 attack on the woman with whom he had been in a relationship.
Sergeant Lewis Sutton told the New Plymouth District Court the 36-year-old and the victim were at their home, where they had been drinking together.
The couple had been arguing over the victim’s spending habits.
Sutton said after Berry went to bed, he was woken up by the victim about 1am and as the pair argued, the defendant picked up a pruning saw that was in the bedside cabinet.
‘‘He backed the victim into a corner and held the saw against her throat,’’ Sutton said.
When the victim tried to say something, Berry responded by smacking her in the face with an open hand, he said.
Defence lawyer Patrick Mooney said Berry was a first offender and had been in a relationship with the victim for about four years.
The couple have one together.
‘‘He accepts the relationship is over,’’ Mooney said.
Following a stand down report completed by a probation officer, a child recommendation was made for Berry to be sentenced to supervision.
He was already doing counselling and accepted he had a problem with alcohol, the court heard.
Judge Garry Barkle queried whether a protection order was needed but decided to add a condition to the supervision order for Berry not to have any contact with the victim.
He said the offending had been ‘‘hugely distressing and upsetting’’ for Berry’s former partner.
Judge Barkle took account of the defendant’s lack of previous convictions, his guilty plea and the steps he had already taken to address his issues.
Berry was ordered to complete 150 hours of community work and pay $750 in emotional harm reparation.
A nine month term of supervision was also imposed.
The judge also granted an order to destroy the saw. A man was caught drink-driving for the sixth time after passersby reported his erratic driving to police.
Stratford man Mark Ian Little, 50, had argued with his partner and driven away from his home about 4pm on May 6, a police summary of facts said.
Officers found Little a short time later in a park with his Ford Falcon parked nearby.
Little admitted driving there and was breath tested, revealing an alcohol level of 1055 micrograms per litre of breath - four times the legal limit of 250mcg.
‘‘You were seen in a public place, driving erratically. To get to that level takes a fair amount of drinking,‘‘ Judge Garry Barkle said when Little appeared in Hawera District Court on Tuesday.
Little had previously pleaded guilty to one charge of driving with excess breath alcohol (third or subsequent).
Lawyer Jo Woodcock urged Judge Barkle to consider a rehabilitative sentence, something that had not been previously given to Little, who had already served a prison sentence for an earlier similar conviction.
‘‘He’s knows it’s time to make some changes. He hasn’t had a rehabilitative sentence in the past. I think this man could give back to the community and be held accountable in a combination of sentences, that does have a deterrent, punitive, aspect but also addresses why he’s here and has been here five other times.’’
She said Little was a hardworking man who had the support of his partner and his employer.
His partner was in court, visibly upset at seeing him standing in the dock.
Judge Barkle sentenced him to six months community detention with a curfew from 7pm to 6am, 18 months of intensive supervision with judicial monitoring, 150 hours of community work and disqualified him from driving indefinitely.