Dunedin District Court

A crash in which a drinkdriver caused ‘‘a fair bit of damage’’ to his halfbrother and himself, brought a Dunedin man before Judge Thomas Ingram yesterday.

Shannon John Keen (31) was for sentence in the Dunedin District Court convicted of causing injury while driving with a bloodalcohol level of 164mg. He had pleaded guilty. Sentenced to six months’ community detention (curfewed 7pm7am daily), 100 hours’ community work and 15 months’ intensive supervision, he was also disqualified from driving for two years.

The police summary said Keen and his halfbrother started drinking alcohol about noon on April 14 and in the evening went to a hotel, where they continued to consume alcohol.

About 7.30pm, they got into the victim’s car and headed on to the Southern Motorway with Keen driving.

About 7.50pm, on State Highway 1 about 300m north of Bungards Rd, Keen veered across the centre line and drove directly into a clay bank.

Keen’s halfbrother suffered cracked ribs, a cracked sternum, a dislocated finger, lacerations and cuts to the back of his head, and multiple cuts and bruising to his body. He was wearing a seatbelt.

Keen was not wearing a seatbelt. He suffered a significant laceration to his head and cuts and bruising to his body.

Both men were airlifted to Dunedin Hospital.

Keen told police he could remember drinking alcohol and leaving the hotel but he could not recall anything past that point.

Judge Ingram said it appeared Keen simply fell asleep. The crash caused ‘‘a fair bit of damage’’ to the pair.

Counsel Ann Leonard said Keen selfreferred to CADS after the event and had been attending regularly since.

Keen told the judge he was not taking it lightly. ‘‘It has changed me.’’

Other convictions

Alistair Cameron Black (71), retired, of Dunedin, drinkdriving, 503mcg (random breath test; explanation, driving home), Quarry Rd, Mosgiel, about 8.30pm, April 22, 50 hours’ community work, disqualified 12 months and one day. Black had previous drinkdrive convictions, judge noted.

Michael Shane Atherton (28), careless driving causing injury (driving south in Cumberland St, failed to stop for red light at Dundas St intersection, collided with vehicle travelling in Dundas St, passenger in Atherton’s vehicle suffered moderate injuries and in hospital three days), about 9.20pm, March 29, 60 hours’ community work, $500 emotional harm reparation, disqualified six months.

Thomas Stirling (18), pretrade course participant, of Dunedin, burglary (removed items from downstairs part of motel in which tourists asleep upstairs; placed two items outside the door; confronted by occupant of neighbouring unit woken by his actions), Aria on Bank motels, April 28, 100 hours’ community work, nine months’ supervision.

Liam Harvey (27), of Dunedin, two Crimes Act male assaults female offences against partner (argument at their address, Harvey left; approached by victim in her vehicle, got into front passenger seat, argument escalated, Harvey grabbed victim by her head and headbutted left side of her forehead while she was driving; pair returned home; several hours later pair arguing again, Harvey pushed victim against door, placed hands around her neck and squeezed, victim able to break free, ended up running to neighbouring address for help), January 29, six months’ jail (with six months’ release conditions). Harvey accepted sentencing indication, pleaded guilty, waived right to presentence report. Judge Ingram said both offences classic examples of argument getting out of hand.

Tyler John Hewson Aitken (28), welder, of Mosgiel, Crimes Act male assaults female offence against former partner, March 31; intentionally damaging door, August 5, 12 months’ supervision. Jarlin Takitimu (45), of Dunedin, Crimes Act assault (victim Takitimu’s caregiver; without warning or provocation, defend ant punched him once of side of head causing him to fall off his chair), about 6pm, May 3, sentence deferred six months, Takitimu to donate $50 to Families Against Violence. Judge noted restorative justice had been ‘‘very successful’’.

David Wayne Mauger (45), of Dunedin, breaching protection order (behaviour, by text messaging, amounting to psychological abuse of protected person), about 8.30pm, June 6, 12 months’ supervision. Counsel Noel Rayner said Mauger ready to deal with his issues.

Mathew Nikau Wilson (26), employed, of Dunedin, two charges of speaking threateningly (one victim his former partner, other her sister), at former partner’s address, about 6pm, April 26, overall sentence 60 hours’ community work, $150 reparation. Counsel Deborah Henderson said Wilson at property to collect his belongings, argument, angered by racial words ‘‘totally accepts he shouldn’t have reacted, should’ve walked away’’.

Ephraim Oostendorp (20), of Dunedin, stealing two cans soft drink, On The Spot dairy, May 13, convicted and discharged — defendant having with him $3.50 to pay for the can of drink not recovered; breaching community work (failed to report to Probation), May 2, convicted and discharged.

A DRIVER who rolled a Bidfoods Truck on the Haast Highway in April was in a severe hypoglycemic state at the time, Judge Mark Callaghan heard in the Queenstown District Court on Wednesday.

Maxime Benjamin Pujos (30) admitted one charge of dangerous driving on April 21 and was ordered to pay $2000 reparation to his former employer, Bidfoods.

Prosecutor Sergeant Ian Collin said Bidfoods used a driver monitoring system, which included cameras on the driver and the road.

Between 1pm and 1.20pm Pujos, a type one diabetic, was seen reaching over to the passenger’s side seven times. The majority of times were to get food.

Just before Thunder Falls, Pujos veered on to the left verge, leaving ‘‘deep rutted tyre marks in the mud’’ before correcting.

On five occasions he swerved over either the shoulder or the median, correcting each time.

About 1.19pm he reached over and picked up his cellphone.

‘‘While he was looking at it, he has gone on to the left verge again, off the seal and into mud.

‘‘He has attempted to recover the vehicle, fully crossing the centre line and going into mud off the right verge.

‘‘He has overcorrected and the truck has flipped on to its side, spinning 270 degrees before coming to a stop blocking both lanes.’’

Pujos, who was not injured, said he was not sure what had happened.

Bidfoods spent about $70,000 repairing the truck.

Defence counsel Louise Denton said Pujos had very low blood sugar at the time of the crash and had now learned he needed to monitor his blood sugar levels more carefully and would not be seeking future employment as a driver.

He had subsequently lost his job and his sponsorship — he had been sponsoring his partner, who had also lost her sponsorship.

Both had been directed to leave New Zealand, Ms Denton said.

Judge Callaghan said a letter from Pujos’ doctor ‘‘clearly out lined’’ his diabetes was the reason he drove the way he did.

‘‘You wouldn’t have realised the state that you were actually in, apart from the fact that you knew you needed some food.

‘‘What concerns me . . . [is] it appears that . . . you’re not testing yourself on a daily basis.’’

Along with reparation, Pujos was disqualified from driving for six months.

Impersonation

A business owner and boat skipper who impersonated an immigration officer in an attempt to get back at his expartner had an application for a discharge without conviction turned down.

Dean Raymond Stuart (30), of Queenstown, called the Queenstown tourist accommodation provider where his expartner worked on June 13 last year, and told its human resources manager his expartner needed to contact Immigration New Zealand (INZ) because her visa was no longer valid.

The woman had been in New Zealand on a partnership visa with Stuart, but they had broken up and he had discovered she was in a relationship with another man.

He told the manager his name was Aaron Smith, that he was calling from INZ, and that the complainant needed to contact the department about a deportation issue.

Subsequent inquiries with INZ confirmed she was allowed to work until she left the country a fortnight later.

She had already confirmed this with the department on June 8, when she told them her relationship had ended.

The charge against Stuart was found proven at a judgealone trial heard by Judge Mark Callaghan in April.

At Wednesday’s hearing, Stuart’s defence counsel, Louise Denton, said a conviction would jeopardise the ‘‘fit and proper person’’ status required when he next tried to renew the passenger endorsement for his boat skipper’s licence.

He would not only have to disclose that conviction, but also dishonesty convictions from 10 years ago.

Failing to gain the endorse ment would affect his business, and could also affect his ability to travel overseas.

Prosecuting Sergeant Ian Collin said police opposed the application because Stuart had not taken the opportunity to accept responsibility for the offending while diversion was being explored.

Judge Callaghan said it was not clear a conviction would have the consequences his counsel claimed.

Stuart had been ‘‘hellbent on causing strife’’ for his former partner, the offending had been premeditated and he had shown ‘‘little or no’’ remorse.

‘‘You acted out of spite, you acted out of malice.’’

A large percentage of Queenstown’s population relied on the immigration service, and needed to have confidence in it.

‘‘You circumvented that and tried to undermine it.’’

He convicted Stuart, fined him $1200, and ordered him to pay $300 for witness expenses.

Shower assault

A Fernhill man was sentenced to nine months’ supervision for attacking his partner while she was in the shower.

Joseph Rameka (20), a bouncer, was charged with male assaults female after punching the victim in the back of her head and shoulders in the early hours of July 22.

The couple, who were working together at the time of the offending, had been drinking at their workplace before they went home after 3am.

After an argument, he threw a bottle which broke the plate of food she was holding. She then put the contents of the plate in his face.

He followed her when she went to take a shower, and assaulted her there.

Judge Callaghan said the victim had stated it was the first time the defendant had acted violently towards her, and she wanted to continue the relationship.

However, the defendant had three previous assault convictions — the most recent only 12 months ago — which indicated his ‘‘proclivity to act violently’’.

He convicted Rameka and sentenced him to nine months’ supervision with the condition he complete a nonviolence programme.

Near miss

A Chinese tourist who overtook a row of vehicles on GlenorchyQueenstown Rd, forcing the driver of an oncoming car to take evasive action, was ordered to pay a total of $1350 reparation.

Quan Yang (46), manager, admitted dangerous driving on the road on August 4, having been observed by other motorists crossing the centre line and passing vehicles on blind corners at speed.

During one passing manoeuvre, he passed ‘‘multiple vehicles’’ where the visibility was such it was not appropriate to do so.

A woman driving in the opposite direction came around a slight bend and saw Yang’s vehicle on the wrong side of the road, approaching her.

She pulled her vehicle to the left and it crashed into a ditch, coming to rest on its side.

It had since been ‘‘written off’’, Judge Callaghan said.

Because he was a visitor to New Zealand he would not have been aware of the ‘‘inherent dangers’’ on the road, but that did not excuse his driving.

‘‘You were on the wrong side of the road on a number of occasions, passing vehicles when you should not have been.’’

While Judge Callaghan accepted Yang was remorseful, he said it was a shame he had not considered his actions at the time ‘‘when you were driving on unfamiliar roads, in an unfamiliar country, putting others at risk’’.

Yang was ordered to pay reparation of $600, which included $500 for the victim’s insurance excess and $100 for medical expenses, and another $750 for emotional harm by 5pm yesterday. He was also disqualified for six months.

Resentenced

Charles Fan (33), of Queenstown, was resentenced by Judge Callaghan for two petrol driveoffs he committed earlier this year and a subsequent charge of causing a loss to a Queenstown business.

Fan had previously admitted stealing a total of $177.37 worth of petrol from Z Energy in Queenstown on May 25 and June 3.

He was initially disqualified from driving, but when the court learned he had been living in his vehicle, a rehearing was scheduled.

On August 2, Fan went to Thaitavee Therapeutic Massage in the resort, had a massage and at the completion told the masseuse he had no ability to pay and ‘‘walked off’’.

He was arrested and spent four days in custody.

Lawyer Tanya Surrey said Fan had experienced ‘‘somewhat unfortunate circumstances’’ and things had ‘‘gone off the rails’’.

After moving to Queenstown he had been unable to get a job and the petrol driveoffs were indicative of a ‘‘desperate situation’’, she said.

She submitted the four days he had spent in custody were a ‘‘sufficient penalty’’, but Judge Callaghan disagreed.

‘‘I accept you should not be disqualified if you’re living in your vehicle.

‘‘What doesn’t sit easily with me is the fact you knew you were facing sentence on those charges and a short time before . . . you go and commit what can only be [described as] nonnecessary obtaining by deception.

‘‘It’s not as if you needed the service . . . you just went and did it for your own gratification.

‘‘I’m not going to just let you off.’’

On each charge Fan was sentenced to 50 hours’ community work, to be served concurrently, and he was also ordered to pay reparation on all charges.

Drinkdriving

A Brazilian Queenstown resident who admitted driving with a breathalcohol level almost four and ahalf times the legal limit on July 7 was mourning his football team’s World Cup loss.

Josivaldo Vieira Da Silva (50), of Frankton, was stopped by police outside his address at 1.30pm on July 7 after members of the public noticed his vehicle swerving on Frankton Rd. A breath test gave a reading of 1114mcg — the legal limit is 250mcg.

Judge Callaghan heard he had been watching the Fifa World Cup that morning and ‘‘unfortunately his team lost, which led to him engaging in behaviour he otherwise would not have’’.

He was fined $1000, ordered to pay $130 court costs, disqualified for 28 days and ordered to apply for an alcohol interlock.

Other convictions

James Demetre Panopoulos (28), builder, of Australia, was fined $1000 after admitting driving with a breathalcohol level of 850mcg on Robins Road on August 3. Because he was due to return to Australia, no order for an alcohol interlock was made.

Sgt Collin said Panopoulos was driving at 3.55am when a police patrol car’s driver activated the lights and siren. The vehicle stopped and as police approached, the front passenger got out of the car and started running.

The defendant then opened the driver’s door and also ran.

Police gave chase for about 200m before Panopoulos was detained and breathtested.

He stated he was driving his friend back to their accommodation.

Along with $130 court costs he was disqualified for six months for drinkdriving, and for failing to remain stopped he was disqualified for six months, to be served concurrently.

Anthony James Henry Robertson (32), of Arrow Junction, was ordered to apply for an alcohol interlock after admitting driving with a breathalcohol level of 446mcg on Lochnagar Dr on April 14.

While the level for an alcohol interlock was 800mcg and above, Robertson had a previous drinkdriving conviction in 2016, which qualified him to have a device fitted.

He was disqualified for 28 days, fined $400 and ordered to pay $130 court costs.

Evan Louis Jones (28), retailer, of Queenstown, flipped the vehicle he was driving on Frankton Rd on June 22 after drinking a large quantity of spirits.

He was taken to Lakes District Hospital after the crash — which also caused minor injuries to his passenger — where he gave a blood sample that returned an alcohol level of 247mg.

Judge Callaghan said that was equivalent to a breathalcohol result of 1200mcg, which meant the defendant was ‘‘incapable of controlling anything, let alone driving a car’’.

Jones does not own a vehicle, so no order to apply for an alcohol interlock was made. He was fined $1250, court costs $130, and disqualified for six months.

On a charge of careless driving arising from the incident, he was disqualified for six months, concurrently.

Gabriel Guebara Dequech (31), a Brazilian national, of Queenstown, drove over his neighbour’s front lawn after losing control of his car on a bend of Thompson St on June 30. He drove through a low brick wall, across the property’s front lawn and hit the fence of a second property.

His breathalcohol level was 961mcg.

It was the second time in two years a drunk driver has crashed into the property.

‘‘You ran into a house, effectively — you should not have been in a car,’’ Judge Callaghan said.

He sentenced the defendant to 60 hours’ community work and disqualified him for six months.

Renan BatainMorais (26), of Wanaka, was fined $650 and ordered to apply for an alcohol interlock after admitting drinkdriving with a breathalcohol level of 865mcg on Lakeside Dr, Wanaka, on July 20. He was also ordered to pay $130 court costs and was disqualified for 28 days.

Alexis Herve Poiraud (23), of France, living in Queenstown, drinkdriving, 533mcg, Stanley St, August 5, fined $650, court costs $130, disqualified for six months. Sophia Leslie Jamieson (25), student, of Albert Town, drinkdriving, 492mcg, Ardmore St, Wanaka, July 15, fined $550, court costs $130, disqualified six months.

Sophie Lucy Ford (24), of Frankton, drinkdriving, 600mcg, Ballarat St, June 30, fined $650, court costs $130, disqualified six months.