Dunedin District Court

‘‘THE victims were very scared. They were not sure what you would do or whether they would be harmed,’’ Judge Dominic Flatley told a burglar yesterday.

‘‘It has had ongoing effects on them,’’ the judge said, sentencing Christopher Alan Russell (27), in the Dunedin District Court yesterday.

Russell had been convicted of burgling a Moray Pl property on September 7 last year.

The police summary said Russell and another male went upstairs into a flat, about 9.15pm, after finding a door to the building unlocked.

They helped themselves to food and drink in the kitchen and began to prepare food.

One victim was in her bedroom watching a movie. Hearing laughter, she went to the kitchen to find out what was going on.

Laughed at by the males, she ran into another young woman’s bedroom and called police.

On arrival, they found both males in the kitchen.

‘‘You were very hard to understand — under the influence of alcohol or drugs or both,’’ the judge told Russell.

Counsel Sasha Dolby said Russell did not know the victims. He very much regretted what happened and realised it must have been very frightening for them. Russell was supported in court by Community Mental Health.

Judge Flatley said Russell’s history was limited and mostly drugrelated; he had not previously been convicted of burglary and was last in court in 2011.

There had been intervention in regard to mental health. The judge noted. Russell was living in supported accommodation, working with community agencies, and attempting to deal with his issues. But further oversight was required, the judge said.

He sentenced Russell to 12 months’ intensive supervision (with judicial monitoring), 200 hours’ community work, and ordered he pay $40 reparation.

Russell also admitted failing to attend court on September 26, and was convicted and discharged.

The burglary charge had been laid against Russell and the other male. But the charge against that male had been withdrawn.

Other convictions

Jacob Francis Hoult (21), apprentice electrician, of Wellington, drinkdriving (driving BMW, lost control, mounted footpath, hit stone wall and came to rest facing uphill in wrong lane, stated he had consumed an unknown amount of alcohol; duty lawyer Louise Garthwaite said Hoult had ‘‘learned a lot from this’’, he had come to Dunedin from Wanaka to sell the car, was now out of pocket by $4000 because insurance did not cover the crash), 207mg, 12.30am, February 19, Rattray St, fined $1000, court costs $130, analyst’s fees $109, 12 months’ disqualification.

Cory D’Angelo (25), drinkdriving, 533mcg, Castle St (random stop, said driving friends home), about 2.30am, March 10, fined $500, court costs $130, disqualified six months.

Jordan James Farquhar (19), student, of Dunedin, drinkdriving, 519mcg, Timaru St, about 2.10am, April 14, fined $600, court costs $130, disqualified eight months; driving while driver licence suspended, disqualified eight months (concurrent). Judge Michael Crosbie noted no previous convictions.

Blake Peter Marshall (18), student, of Taihape, under20 drink driving (stopped at police checkpoint, said he had been at the Wild Food Festival and thought he would be OK to drive, no previous convictions), 363mcg, 8.15am, March 11, State Highway 6 at Hokitika, fined $300, court costs $130, four months’ disqualification.

MahiaVaine Aowora Tahiri (27), freezing worker, of Balclutha, driving while suspended (suspended for three months on February 22, pulled over by police, said she was not sure when her suspension ended), April 23, James St, six months’ disqualification, fined $400, court costs $130.

Chase Jayden Kimura (22), breaching parole (failed to comply with rules of Moana House programme), March 7; and resentence on December 10 parole breach for which was under deferred sentence, one month’s jail (cumulative on sentence on which recalled to prison).

Robert Phillip Epere (51), of Dunedin, breach of parole (jailed by the Whangarei District Court for cannabis offences, released on July 4 with eight months’ parole remaining, received warnings about failing to report to Probation officer and continued to miss meetings, parole now expired), March 16, convicted and discharged, court costs $130.

Russell Bungard (27), employed, of Dunedin, breaching community work (failed to complete required number of hours within the period prescribed), January 24, 140 hours’ community work.

Brett David Houston (39), of Dunedin, breaching community work (failed to report), January 25, convicted and discharged, court costs $130. Judge Crosbie told him ‘‘breach again, you go to prison’’.

Jodie Anthony Frank Sapstead (39), boat painter, of Balclutha, Crimes Act assault and intentional damage (Sapstead and partner in bed; she hot, asked him to move over; he became angry, grabbed one of her feet, tried to pull her out of bed; unsuccessful, put hands under her arms and tried to lift her up, did so about six times before leaving; returned and asked if she wanted to talk, when she did not want to as she was trying to sleep, again tried to lift her out of bed then left after argument in lounge, about 3.30am, February 4; returned about 7pm, asked victim if she was going to say ‘‘hi’’, when she did not reply, picked up and damaged her cellphone; went outside, returned, pulled victim off couch and over footrest resulting in her landing on floor), 150 hours’ community work, 12 months’ supervision. Counsel Steve Turner said victim supportive of Sapstead; Sapstead working on addressing his issues. Judge Flatley noted Sapstead last before court in 2013.

Reingaroa Lee Metuakore (34), freezing worker, of Mosgiel, assault (victim is 16yearold sis ter of the defendant, raised by the defendant for the last 10 years, in June Metuakore noticed her cellphone had gone missing, the victim said she did not know where it had been but had in fact been using it, Metuakore found the phone in the house, confronted her sister, hit her at least five times on the arm with a wooden spoon, she continued to deny taking the phone, the defendant slapped her across the face twice, repeatedly prodded the victim and demanded she tell the truth; she then admitted the theft. Metuakore said she was from Rarotonga where physical discipline was regularly used; she said she received worse punishments as a child; defence counsel Deborah Henderson said her client was awaiting entry to a Catholic parenting course), June 27, nine months’ supervision.

Zhane WhikitoriaDre Raheke (17), of Balclutha, Crimes Act assault on female not known to her and intentionally damaging the female’s cellphone (victim received grazed knees, grazed left elbow, cut to right hand, swelling near left eye, scratch above right eye), Ajax St, Milton, about 12.20pm, March 5, nine months’ supervision, reparation $118. Counsel Chris Lynch said Raheke accepted she had acted wrongfully, had no previous convictions. Judge Crosbie told Raheke ‘‘At 17 this can be the first and last time you appear in court . . . it was quite a bad assault . . . you’ve got a really long life ahead of you. You’ve got to focus doing things the right way instead of getting hotheaded.’’