Prison term almost matches time spent in custody

A Timaru man jailed for nine months for threatening to kill and breaching a protection order will serve little of it behind bars.

Judge Brian Callaghan told James Robinson in the Timaru District Court on Tuesday that he had been in custody for about 41⁄2 months and that nine months’ jail was appropriate, which meant he would be released fairly soon. ‘‘If not today, very soon.’’

Robinson was being sentenced on charges of threatening to kill (psychological abuse) and twice breaching a protection order, breaching bail and wilful damage.

Judge Callaghan said that in June 2021, Robinson had argued with his partner and pleaded guilty to words that consisted of psychological abuse.

‘‘You said you never intended to carry out the threat to kill her, and I accepted that.’’

After that incident, Judge Callaghan said Robinson headed to the North Island for work and returned to Timaru early in 2022, breaching the protection order and breaching bail.

The judge said the cultural report showed Robinson had been brought up in a ‘‘not very desirable family background’’ and there were circumstances beyond his control early in his childhood being placed into foster care and issues related to that.

‘‘It is not surprising there was some recourse into gang life.’’

‘‘It all leads to the view, and police accept, that there must be some allowance.’’

Judge Callaghan said the threat to kill and psychological abuse put the starting point at around 12 months with an uplift of three months for offending on bail to start at 15 months, but then allowed a three-month credit for guilty plea.

‘‘Then, looking at the cultural report there are lots of reasons for the way you acted.’’

Judge Callaghan deducted another three months for the cultural report.

Robinson was sentenced to six months’ jail for the threat to kill and three months’ for one breach of protection order, to be served cumulatively. The other protection order breach got him three months’ jail, but to be served concurrently.

He was also ordered to pay $200 reparation for the wilful damage, and convicted and discharged for breaching bail.