Home D sentence canned


A Brazilian plasterer last month sentenced to six months’ home detention for doing an
indecent act on a child last year will serve just six weeks before being deported.

Emerson Silva, 33, had earlier admitted the representative charge, dated between March 1 and July 31.

At sentencing on March 28, Judge Russell Walker said the charge captured three separate incidents, all of which took place in the child’s family home.

In the first, the pair were sitting at a table and the 12-year-old’s feet were in Silva’s lap.

As the child started moving their feet, Silva moved his crotch to make contact.

On the second occasion Silva grabbed the victim’s buttocks as they were putting dishes away.

The final incident took place when the pair were again sitting at a table and Silva moved
his shorts and underwear to the side, exposing his penis, grabbing the child’s foot and
rubbing it against himself.

When the child’s father entered the room he pushed the foot away and righted his clothing.

While Judge Walker imposed the home detention sentence, in Queenstown’s court on Tuesday, Judge Peter Rollo was told Silva received a deportation liability notice on March 30.

Lawyer Megan Waller said his visa was due to expire on Tuesday and he was due to return to Brazil this coming Saturday.

Rollo approved the application by Corrections to cancel his sentence, which will come into effect from 8am on his day of departure.

‘You’ve wasted a hell of a lot of time’

A Queenstown carpenter, with three pages of prior convictions all related to street violence, disorderly behaviour and fighting, was back in Queenstown’s court on Tuesday, four weeks after his last convictions.

Jeavon Jamie Rapata-Brookland, 25, appeared before Rollo to admit disorderly behaviour likely to cause violence in Queenstown on April 2.

Lawyer Tanya Surrey said alcohol was ‘‘clearly’’ a catalyst for his offending.

‘‘He accepts drinking and [behaving] like this in central Queenstown is not acceptable, and he needs to get his act together.’’

Rollo said on March 25 Rapata-Brookland was sentenced to 50 hours’ community work and ordered to pay over $600 reparation after admitting wilful damage, fighting in a public place and family violence.

‘‘It just shows a pattern.

‘‘Your adult life has been spent in courts and doing community work and the like.

‘‘You’ve probably wasted a hell of a lot of time, which you could have more productively
used [working], and providing money for [your family].

‘‘There is only one person who’s ultimately responsible for all of that, and that’s you.’’

Rollo said Rapata-Brookland’s most recent offending was an ‘‘unnecessary incident’’, in which he had been intoxicated and had ‘‘thrown a punch at some guy’’.

He was sentenced to 50 hours’ community work, cumulative on his most recent sentence, and nine months’ supervision with special conditions.

Drug driving

A Cromwell man who had meth and weed in his system at the time of a crash on the Gibbston highway in February’s been sentenced to community work and disqualified
from driving for eight months.

On Tuesday, Cameron William McGillivray, 34, stone cutter, admitted driving under the influence of a controlled drug and careless driving on February 13.

Waller said McGillivray’s most recent relevant conviction was in 2009, and his most recent unrelated conviction was more than a decade old.

‘‘He’s really disappointed in himself.’’

McGillivray had been in Queenstown the night before and had consumed drugs.

He was ‘‘fatigued’’ when he got up that morning, ‘‘but considered himself OK to drive’’.

‘‘He acknowledges it was a very poor decision … and realises now the risk that he posed to the public and himself.’’

Rollo said McGillivray was driving at 7.55am towards Cromwell when he drifted across the road and over-corrected.

The rear of his vehicle crashed into the bank on the right side of the road, and the vehicle continued for another 20 metres before it crashed into a fence post.

For drug-driving he was sentenced to 40 hours’ community work, fined $400, and disqualified from driving for eight months.

For careless driving he was disqualified for four months, to be served concurrently.