Dunedin District Court
SENTENCES imposed by Community Magistrate Simon Heale in the Dunedin District Court yesterday were. —
Zac William Stevenson (19), student, of Dunedin, drinkdriving, 717mcg, Dundas St, about 5.10pm, March 17, fined $350, court costs $130, disqualified six months. Magistrate noted Stevenson cooperative with police; not previously before the court.
Amy Nicole Coleman (31), of Dunedin, drinkdriving, 556mcg (random stop), Orari St, about 1.40am, May 17, fined $400, court costs $130, disqualified six months. Counsel Rhona Daysh said Coleman not previously before the court.
Carlos Andres Lozano (35), international student, drinkdriving, 535mcg (alcohol checkpoint stop; said had two stubbies of beer), Gowland St, about 11pm, February 8, fined $400, court costs $130, disqualified six months. Counsel Ms Daysh said Lozano ‘‘absolutely mortified to be standing in court . . . has been depressed and unable to sleep because of this one mistake''. Lozano not previously before the court.
Rhett Keith Sinclair Hammersley (24), welder, of Waihola, drinkdriving, 512mcg, and obstructing constable (driving south on State Highway 88, weaving within lane, swerving to left; accelerated to turn on to railway bridge towards Ward St, driving off bridge indicated left then turned right, stopped when signalled to by police; obstructive, obnoxious and abusive to female constable; attempted to avoid breath screening test, at one point attempted to walk off, became compliant only when another officer presented his taser), about 8.50pm, March 6, overall penalty fined $700, court costs $130, disqualified nine months. Magistrate said ‘‘pleased’’ Hammersley’s letter of apology to police showed insight into his inappropriate behaviour; noted Hammersley has approached Community Alcohol and Drug Service. Hammersley previously convicted of drinkdriving (exceeding level for person aged under 20).
Paula Olivia Noble (54), labourer, of Kaitangata, drinkdriving, 480mcg (stopped by police and spoken to about her driving because travelling at 63kmh in 50kmh zone), Clyde St, Balclutha, about 7.30pm, April 17, fined $350, court costs $130, disqualified six months. Counsel Noel Rayner said Noble ‘‘very depressed on the day, drinking usually very uncharacteristic for her . . . no previous driving offences . . . not even any demerits''.
Bianca Maree Greer (18), of Balclutha, drinkdriving, 93mg, and careless driving (returning from Kaitangata, lost control on moderate right bend, Hasborough Pl, Balclutha, vehicle went to wrong side of road, hit wooden barrier posts before rolling and landing on its wheels), about 12.05am, March 29, overall penalty 40 hours' community work, disqualified six months (zeroalcohol licence provisions to follow), analyst’s expenses $111.99, reparation $880.25. Greer in breach of Alert Level 4 lockdown at time; she had one previous drinkdrive conviction, court heard.
Matthew Va’a Peniamina (19), employed, of Dunedin, drinkdriving aged under 20, 400mcg, (drove into car park at Unity Park, stopped by police; admitted consuming 1011 cans premix alcohol drink), Eglinton Rd, about 1am, February 16, fined $300, court costs $130, disqualified three months. Police summary said Peniamina not previously before the court.
Cyrus Wairau (34), driving in breach of alcoholinterlock licence (in July 2019 Wairau received 28day disqualification with alcoholinterlock licence provisions to follow; driving in Emerson St, about 1.45pm, March 20 this year, found not to have vehicle fitted with alcoholinterlock device; said he thought he was not told he had to get an alcoholinterlock device), sentence deferred nine months and, for ‘‘special reasons’’, no further driving disqualification. Magistrate noted the breach was out of a misunderstanding, the situation now remedied, but told Wairau he was still subject to the earlier disqualification.
Roger Stuart Dagg (48), carpenter, of Dunedin, disqualified driving (in January 2019 Dagg received 28day disqualification with zeroalcohol licence provisions to follow; stopped by police about 11.30pm, April 25 this year because driving at in 67kmh in Brockville Rd where speed limit 50kmh; said thought he had a zeroalcohol licence and that he got it automatically after finishing his disqualification), disqualified 28 days (with provisions to follow as given in January 2019), court costs $130. Magistrate told him getting zeroalcohol licence was not automatic, had to be applied for and obtained.
Tristan Everett (26), fisherman, of Dunedin, disqualified driving (in January this year Everett received sixmonth disqualification with alcoholinterlock licence provisions to follow; driving on State Highway 1, Hillend, about 4.50pm, April 13, found to be disqualified), disqualified six months (with provisions to follow as in January), court costs $130. Alert Level 4 lockdown in place at time; magistrate acknowledged ‘‘not in any way a flagrant breach’’, said ‘‘a cascade’’ of circumstances Everett had been unable to avoid; his lockdown address had become untenable, he was caught between his obligation to observe the lockdown and his obligation to observe his disqualification.
Benjamin Norman Allerton Fisk (19), of Dunedin, disqualified driving (stopped by police at speed checkpoint as driving at 96kmh in 80kmh zone; said his girlfriend had been driving, he took over due to mechanical issues), Caversham Valley Rd, about 9.30pm, May 8, disqualified six months (from August 20 when current ban ends), court costs $130.
Mark West Green (51), painter, of Brighton, driving while driver licence suspended/revoked (said had to go to chemist to pick up his medication), Hillside Rd, March 4, disqualified six months (from August 13 when current ban ends).
Kumal Liam Pandey (23), job seeker, of Dunedin, driving while driver licence suspended (received threemonth demerit suspension on April 1; seen driving in Crawford St during Covid19 lockdown, about 9.30pm, April 17; said picking up his vehicle after dropping it off to mate earlier in month for repairs . . . ‘‘it has a lot of my stuff in the back that I think it is essential to have’’), disqualified six months (from July 1 when suspension ends). Counsel Mr Rayner said ‘‘no previous convictions of any kind''.
Justin Woodrow (26), chef, of Dunedin, driving at dangerous speed (driving in Forbury Rd, wife and infant child with him, on straight section between Victoria Rd and Coughtrey St his speed radarchecked at 104kmh; in explanation stated he’d recently purchased the vehicle and didn’t know what it could do, wanted to impress his wife, did not realise he was going so fast), about 9.45am, March 18, fined $250, court costs $130, disqualified six months.
Kori Joseph Kelly (23), roofer, intentional damage (Kelly and victim had ‘‘onoff'' relationship, argued and yelled at each other at victim's address, about 3.30pm, May 10; victim, in front room with children, heard banging and glass smashing; Kelly broke plates and a jug by throwing items around kitchen, punched hole in wall near back door, cleaned up plates and jug, while leaving shattered glass panel), $200 emotional harm reparation, $138 other reparation. Counsel
Mr Rayner said Kelly acknowledged his behaviour was completely inappropriate; he wrote a letter of apology, had already made some reparation ‘‘and offers emotional harm reparation''.
Michael Thomas Kennedy (31), employed, of Balclutha, intentional damage (victim his sister; Kennedy went to her house, angry, to sort out issues between himself and her; went there with his partner and his mother; when sister would not let him in, became angrier, yelled abuse, banged on door; realising would not be let in, started to leave, tipped wheelie bin over spilling contents on to lawn; minutes later, returned to front door, yelled more abuse, banged on door causing door window to break), about 10.10am, February 15, sentence deferred nine months, court costs $130, reparation $300 (window). Public defender Sophia Thorburn said matters leading up to the incident had been percolating for a number of years; Kennedy not previously convicted of any sort of violence. Magistrate noted restorative justice not appropriate, also noted Kennedy acknowledged his actions inappropriate, told him ‘‘this happened at her [the victim’s] house . . . if there’s anywhere she should be able to feel safe, it’s there’’.