Queenstown District Court

A WANAKA builder who drove his car on to a tree and was found by police revving it heavily last month has been sentenced to home detention.

Zak Harbidge (35) had earlier admitted careless driving and drinkdriving at Forest Heights, Wanaka, last month, with a breathalcohol level of 1242mcg, more than three times the criminal limit of 400mcg.

It was his fourth drinkdriving conviction.

On Monday, in the Queenstown District Court, Judge Mark Callaghan said Harbidge was driving in the Wanaka region at 3.10am on March 3 when he lost control, hit a tree and his vehicle ‘‘became stuck on top of the tree’’.

He tried to get the vehicle off and was found by police in the driver’s seat, revving the engine.

His previous convictions were in 2006, 2008 and 2010. The earlier two were also ‘‘quite high levels’’, Judge Callaghan said.

While a presentence report recommended supervision and community work, Judge Callaghan said he was ‘‘not minded’’ to follow that, because it was ‘‘too light’’.

Defence counsel Louise Denton said Harbidge accepted he drank too much when he was younger and made bad decisions.

‘‘In a nutshell, it’s just another bad decision.

‘‘He was so intoxicated he can’t remember why he made that decision [to drive].’’

Ms Denton said Harbidge had been socialising at a property 3km away from his home and had been asleep at that address.

‘‘For some reason he woke up and decided to drive home.’’

While he was not eligible for the pilot programme for an alcohol interlock device, he was prepared to pay for one privately.

For drinkdriving Judge Callaghan sentenced him to four months’ community detention from April 13, with a curfew from 7pm each Friday to 7am each Monday.

He was also sentenced to 12 months’ supervision, with special conditions, and disqualified for three months with an alcohol interlock required and a zero alcohol licence ordered.

For careless driving he was also sentenced to three months’ disqualification, with the same conditions.

Other drink drivers

Jake Wilbraham (21), digger driver, of Lower Shotover, was fined a total of $1500 and ordered to pay more than $2000 reparation after admitting driving with a breathalcohol level of 1057mcg and careless driving in Shotover Country on March 3.

Prosecuting sergeant Ian Collin said Wilbraham, who had been drinking, failed to make a left turn at the intersection of Banbury Tce and Woodstock Rd at 1.10am, crossed the road and went through a fence, belonging to Shotover Country, and hit a privately owned vehicle.

He continued driving but failed to negotiate a Tintersection between Woodstock Rd and Jones Ave, travelled down a bank and ended up in a residential garden.

He tried to do a Uturn, entered a public reserve and travelled about 30m, attempted two turns and became stuck.

‘‘He was extremely intoxicated and refused to comment,’’ Sgt Collin said.

Lawyer Paige Noorland said Wilbraham understood his actions were ‘‘unacceptable’’, was ‘‘extremely remorseful and ashamed’’ but thankful noone was injured.

‘‘He had been at a dinner party with his flatmates and regrettably got behind the wheel in an attempt to drive home to his premises in Shotover Country.’’

Judge Callaghan said Wilbraham’s actions were explained by the fact ‘‘you must have been so intoxicated you had no idea what you were doing’’.

For drinkdriving he was fined $1200, court costs $130 and disqualified from driving for eight months.

On the careless driving charge he was fined $300, court costs $130 and disqualified for eight months.

He was also ordered to pay total reparation of $2392 by 5pm tomorrow.

Carlos Andrews GutierrezRizo (35), of Australia, drinkdriving, 122mg, Shotover St, March 23, fined $700, court costs $130, medical expenses and analyst fees $154.25, disqualified six months.

Ashley Rose Knox (21), of Sunshine Bay, drinkdriving, Lake Esplanade, 179mg, February 21, fined $1000, court costs $130, medical expenses and analyst fees $171.25, disqualified six months.

David Kruzlik (24), of Fernhill, drinkdriving, 959mcg, Camp St, April 7, fined $1050, court costs $130, both to be paid immediately, disqualified six months.

Received stolen bike

A Queenstown man who failed to complete due diligence after being given an Avanti bike last year was yesterday fined $250 for receiving stolen goods.

Joel Matthew Simeon (33), of Queenstown, received the bike, stolen during a burglary of a Dunedin property in April last year, between April 26 and July 9.

Sgt Collin said Simeon was ‘‘given’’ the bike by an associate but he made no inquiries about its origins.

On July 9 he sold it to Cash Converters in Dunedin for $160.

Cash Converters discovered it had been stolen and returned it to the original owners.

He was also ordered to pay $160 reparation within 14 days and $130 in court costs.

Assaulted barman

A Brazilian tourist who punched a barman early on Friday has been ordered to pay $480 in reparation to two victims.

Matheus Cruz Banhato (22), tattoo artist, of Brazil, admitted assaulting Jordan Brownlee on April 6 in Queenstown, after being asked to leave Rhino’s Ski Shack due to his level of intoxication.

Judge Callaghan said after Mr Brownlee ‘‘pushed’’ Banhato in the middle of the back, indicating he should walk to the door, the defendant ‘‘turned around and punched the victim with a closed fist to the left side of his eye and cheek’’.

A struggle ensued, during which sunglasses belonging to a member of the bar’s security staff, were broken.

Banhato left the area and was located by police at a backpackers, packing his belongings and intending to leave town.

Judge Callaghan said Mr Brownlee had sustained bruising and swelling to his face and eye and his eye was bloodshot.

He ordered Banhato to pay $400 emotional harm reparation to him, and another $80 to the owner of the sunglasses.

Assaulted friend

Quinn Ryan Drake (24) was fined for assaulting Mason Brookes, a friend of long standing, in Queenstown on February 8.

The police summary of facts said Drake and the victim had been flatmates for seven months until the night of the assault, when they were at home and discussing the victim moving out, and the amount of time that was taking.

The assault began when Drake pulled the victim off a couch and put him in a head lock.

When the victim broke away from the hold, the defendant advanced on him and punched him twice on the left side of his face and once to the right.

The victim, who ran from the property, suffered bruising.

The defendant told police the pair had an argument that escalated, but initially denied throwing the punches.

Judge Callaghan said it was a shame for a friendship to end that way, and the victim ‘‘could not believe’’ Drake had punched him.

He fined Drake $400 and court costs of $130.

Other convictions

Justin Stuart McDougall (34), baker, of Wanaka, assaulted Steven Nash, in Wanaka, April 7, convicted and fined $400 and court costs $130.

Pedragosa Rodrigo Gomez, of Brazil, (28), of Frankton, driving while disqualified, April 3, at Queenstown, fined $450, court costs $130, disqualified seven months from September 26.