Bad timing for a ‘Good Samaritan’
Drug use described as “fantastical”, and an attack on a wholly innocent “Good Samaritan” that has left him “less willing to assist in such circumstances”.
That’s some of the background, and offending, that saw Levi Woolston get his day in the dock at Tokoroa District Court yesterday.
Appearing for sentencing on charges of possession of a weapon, assaulting police and injuring with intent to injure, Woolston’s lawyer told the court he was seeking home detention at his mother’s residence.
She did note, however, that some of his offending warranted a starting point of two years’ imprisonment.
“He seems to have poly-substance issues,” said Judge Maree Mackenzie.
Pre-sentence reports on Woolston made reference to his “fantastical” drug use. “Bewildering that he would take that cocktail of drugs with alcohol,” the judge said.
She also took issue with the prospect of home detention at his mother’s, citing previous family harm incidents where Woolston was “an aggressor towards his mother”.
Beginning her sentencing, Judge Mackenzie told Woolston, who appeared via audio-visual link: “I want you to listen carefully.”
She said she did not doubt his mother’s support, but was concerned that “trouble would happen”.
“It’s going to be prison.”
She said he was being sentenced for offending across two incidents – one when he assaulted a police officer, and another “unfortunate incident involving a Good Samaritan”.
The “Good Samaritan” came across Woolston standing on a road and became concerned that he may have been involved in an accident.
“He stopped by you on the roadside, wound the window down, offered to help you. You became angry and agitated and punched him twice through the window,” the judge said.
“Unprovoked, gratuitous violence to someone who was just trying to help you ... Understandably, it’s made him less willing to assist in such circumstances.”
Judge Mackenzie said Woolston had a limited history, but that some of his offending took place while on a sentence of supervision.
She also said he was a user of drugs, including nitrous oxide, heroin, methamphetamine, cocaine and prescription medicines, “all in combination with alcohol”.
There was a “high chance” of a relapse if Woolston was on home detention, she said. “A sentence of imprisonment will give you a further spell of sobriety.”
Sentencing Woolston to 13 months’ imprisonment, she told him: “I wish you all the best, Mr Woolston. You will be able to explain to your mum why I didn’t grant home detention.”
Unlawfully possessing ammunition and a firearm, possession of cannabis and breaches of intensive supervision and Community Work landed Xavier Webby-Jones his day in the dock, also via audio-visual link.
His lawyer said he would enter guilty pleas to all the charges, bar the possession of ammunition. “Someone else has been charged with a weapon in the vehicle that related to that ammunition,” she told the court.
The prosecuting Sergeant was less convinced, however, telling the court the ammunition “is the ammunition for the firearm that you just pleaded guilty to”.
A judge-alone trial was requested for the ammunition charge. Webby-Jones will be sentenced on the other charges on May 22.
Daniel Atkins appeared to enter a guilty plea to a charge of wilful damage, but not guilty pleas to charges of unlawfully possessing a firearm and assaults with intent to injure. He also sought a judge-alone trial, and will reappear for a case review on May 9.
Arlen Kelly-Goodwin, charged with assault with intent to injure and assault on a person in a family relationship, appeared to seek electrically monitored bail – a request denied by Judge Mackenzie. He was remanded in custody and will reappear on April 17.