Home detention for assault on guard who was seriously hurt

A Whangārei man who left a court security officer with serious injuries in a melee during an emotionally charged sentencing has been sentenced to home detention.

Jacob Pukeroa, 39, of Portland, earlier pleaded guilty to a charge of injuring with reckless disregard and one of obstructing the court security officer.

The charges stem from December 6, 2022, during the sentencing of Jerome Tuaumu, who was charged with careless driving causing the death of Pukeroa’s family member, Cale Bucknell-Pukeroa.

Pukeroa appeared for sentencing in the Whangārei District Court on Friday where Judge Brooke Gibson gave a starting point for the sentencing of 18 months jail after a discount for his guilty plea.

The judge converted that sentence to seven months home detention, saying prison would not be appropriate in this case. The charge of injuring with reckless disregard carries a maximum penalty of five years in jail.

Judge Gibson said Pukeroa and a large number of whānau and supporters were in the courtroom for the sentencing of Tuaumu when things became “emotionally charged”. The courtroom had to be cleared several times due to the behaviour of Pukeroa and others during the sentencing.

The judge said as the security officers and police tried to clear those causing trouble from the first floor of the courtroom to get them outside a melee ensued.

Pukeroa patted a court security officer on the head. That officer as well as the one injured tried to grab Pukeroa but were unable to do so.

The security officers and police were then confronted by a group of people ready to fight, which ended with police having to use pepper spray to disperse them.

Pukeroa was stopped by a security officer as he tried to go back upstairs. While the security officer’s back was facing the stairwell, Pukeroa shoved him down the stairs.

The officer suffered a spiral fracture to his left lower leg, as well as a cracked bone in his ankle and bruising to his legs and body. The security officer has only recently returned to work but is still in pain and walks with a limp. He will need to undergo surgery.

The assault and melee were captured on CCTV.

Judge Gibson said the security officer spoke in his victim impact statement of his despair at the growing level of violence within the community and the total lack of empathy from those that commit the violence.

Judge Gibson said Pukeroa showed remorse when interviewed as he said he wished the incident had not happened.

The judge said there was a high degree of recklessness in Pukeroa’s actions that day.

“It doesn’t take a great intellectual effort to appreciate that if you push somebody down the stairs a serious injury is very likely to result.”

Judge Gibson said Pukeroa had no previous history for violence, and came from a good home and loving whānau.

“I appreciate that you were upset in an emotionally charged atmosphere in the sentencing of the person who killed your brother. But people need to behave with the appropriate decorum.

“Becoming part of a mob is not acting with decorum.”

Judge Gibson said court officials had the right to go about their work without being assaulted.

He said home detention is regarded as a deterrent sentence and was appropriate in this case.

Tuaumu was driving a company truck that was towing a trailer in April 2021, when he overtook a pilot vehicle and a road sweeper he had been following on Matapouri Rd, a winding coastal road leading to popular holiday spot Tutukaka. As Tuaumu moved back into his lane and approached a corner, PukeroaBucknell came around the bend on his motorcycle. He hit the side of Tuaumu’s truck and died at the scene on Matapouri Rd.

Tuaumu was sentenced in October 2022 to community detention, 100 hours of community work — later cancelled — and was ordered to pay emotional harm reparation.

It doesn’t take a great intellectual effort to appreciate that if you push somebody down the stairs a serious injury is very likely to result. Judge Brooke Gibson