A FRANKTON concrete worker who sold cannabis to fund reparation for his assault victim must do six months’ community detention.
Paul Douglas Paterson, 30, had previously admitted two indictably laid charges _ possession of cannabis for the purpose of sale, on April 1 at Queenstown and selling cannabis to a person over the age of 18 at Queenstown between between March 25 and April 1.
Judge Murfitt said the amount of cannabis in Paterson’s possession was 89 grams, which fell at a “very low level of commercial operation”.
The sale charge was laid after Paterson admitted it to the investigating police.
Paterson had previously been sentenced to a term of imprisonment for two separate assaults in 2011 and ordered to pay $1000 reparation to one victim.
After being released from prison he had obtained gainful employment, however, his purported reason for becoming involved in selling cannabis was “unashamedly financial gain”.
“You were facing some [financial] difficulty and you saw this as a method of paying reparation awarded in your last conviction.
“Paying the victim of crime reparation by committing another crime is no answer.”
Judge Murfitt said had Paterson been in possession of a larger quantity of cannabis or had the transaction been more than “an apparent transitory solution”, he would’ve been sent back to prison.
Instead, the sentence of community detention was imposed to curtail his liberty, mark the community’s disapproval of his conduct and enable Paterson to derive his income legally rather than resorting to crime, the judge says.
The curfew, from 9pm to 7am daily, would take effect from next Friday.
Drink-drive charged dropped for student
A judge in Queenstown has waived a fine or disqualification for a student charged with drink-driving because of “quite exceptional” circumstances.
Prosecuting Sergeant Ian Collin said Austin Mason Edmond Chambers, 19, student, of Dunedin, was stopped on May 4 after being found in the driver’s seat of a vehicle, which had broken down outside the Queenstown Police Station on Church St.
It was being pushed by associates into another car park, the Queenstown District Court heard.
Police breath-tested Chambers who gave a positive reading of 462mcg.
The court heard after the car had broken down the sober driver had gone to get food.
Chambers then got into the driver’s seat, however, the keys were not in the ignition, the motor was not running and the steering wheel had locked.
Judge Murfitt said while what Chambers was doing qualified under the legal definition as “driving”, in the circumstances he found there were special reasons to waive any disqualification.
Judge Murfitt entered a conviction but said Chambers’ behaviour was “harmless” and found it also inappropriate to issue any fine.
Kicking pass car costs $300
AN Arrowtowner who kicked a passing vehicle because he was fed up with its horn must pay $300 compensation.
In Queenstown District Court today Michael John Allan, 45, admitted threatening behaviour likely to cause violence and intentionally damaging the left rear panel of a vehicle belonging to Christopher Rocha Araya, at Lake Hayes on March 23.
The court heard how Allan was fed up with the driver sounding the horn when he went past.
Sergeant Ian Collin said the victim worked as a chef in Arrowtown and frequently drove the Arrowtown-Lake Hayes Rd at night.
As he drove through the intersection of Lake Hayes Rd and the Lake Hayes-Arrow Junction he sounded his horn to “scare off rabbits” to avoid hitting them.
Allan, meanwhile, resided in a caravan near the junction and was “fed up of vehicles using their horns at that location while he was trying to sleep”, Sgt Collin said.
About 10.30pm the victim was driving through the intersection and sounded his horn – as he continued to drive, Allan, who had heard him approaching, kicked the vehicle, striking the rear left panel.
Sgt Collin said the victim pulled over to ascertain if any damage had been caused, noticed the damage to the panel and then returned to where he believed the impact had occurred to establish what had happened.
Allan then approached the victim and an argument took place regarding the use of the victim’s horn.
Judge Murfitt while he appreciated Allan was “irked” by vehicles sounding their horns, it was not the appropriate way of dealing with the situation.
Allan was convicted with sentencing deferred for nine months and ordered to pay $300 compensation at $30 per week.
Intent to injure guilty plea
A kitchen-hand of Arrowtown faces 80 hours community service after admitting injuring with intent.
Kitchen-hand Daniel Shawn Scott, 26, of Arrowtown, pleaded guilty to the charge after an incident on March 18.
Sergeant Collin said the victim Matthew Coley and Scott were unknown to each other, but both were drinking at the New Orleans.
About 11.45pm an argument broke out between Coley and a co-worker, Sgt Collin said.
Scott placed Mr Coley in a head lock at which point an associate allegedly punched Coley in the head with a closed fist.
Scott pulled the victim backwards out of the bar and “took him down” on to the concrete footpath.
About 15 minutes later Coley left the premises and was walking down Buckingham St.
As he neared the Night’n Day the defendant’s associate allegedly assaulted him again by running at him and kicking out at his body.
Scott then punched the victim in the head with a closed fist.
The assault was continued by Scott’s associate while the victim was lying on the footpath.
Sgt Collin said Coley suffered soreness to his head as a result of Scott’s attack, and other injuries in relation to the associate’s assault.
Defence counsel Mike Newell said Scott was very remorseful for getting involved in something which “went beyond what he originally anticipated”.
“Mr Scott had assisted to remove him from the bar … he acknowledged one punch to the victim outside.”
Judge Murfitt said any credit Scott may have been given for removing Mr Coley from the bar in the first instance was outweighed by his actions outside the premises.
In addition to the community work, Scott was ordered to pay $250 emotional harm reparation to Coley.
Skyline staffer’s benefit fraud
A local tourism giant staffer has admitted ripping off the Government benefit system to the tune of $23,000.
Steven Peter Davis, 43, of Queenstown, will be sentenced next month after admitting six charges laid under the Social Security Act 1964.
Davis admitted dishonestly and without right using a Temporary Additional Support Re-Application, with the intent to obtain a pecuniary advantage, on or about November 23, 2010; May 23, 2011; November 10, 2011 and February 14, 2012.
Davis also admitted dishonestly and without claim of right using a Work and Income review form with intent to obtain a pecuniary advantage, namely benefits under the Social Security Act, on or about April 21, 2011; and wilfully omitting to tell an officer concerned that he was working at Skyline Enterprises Ltd.
This resulted in him continuing to receive benefits under the act, between September 28, 2010 and March 12, 2012.
The court heard Davis was granted an employment benefit and accommodation supplement in April 2008, however, after gaining employment with Skyline in September, 2010, he failed to advise the ministry.
Davis had received more than $23,000 in benefits during the course of his employment after submitting temporary additional support re-applications, and seeking a Work and Income review, stating he did not anticipate receiving any other form of income.
Judge Murfitt convicted Davis and remanded him on bail to July 7 for sentencing, ordering a pre-sentence report with an appendix to address community and home detention options.
Misuse of a telephone
Elijah Joshua Pope, 21, shop assistant, of Arrowtown, admitted sending almost 200 text messages, some of which were abusive and threatening, to his ex-girlfriend between April 6 and April 9 at Dunedin.
Sgt Collin said Pope had been in a relationship with his girlfriend for about three years before the pair separated in March, but continued to have contact with each other.
On April 1 the defendant texted his ex-partner three times requesting she contact him, but she did not respond.
Pope sent a further 10 text messages on April 3, but again she did not reply.
On April 5 he sent 20 texts and the following day, on April 6, he became abusive in his text messages to her and specified threats.
Pope text her again on April 7 and then between midday and 11.20pm on April 8 sent her 76 text messages.
Between 3am on April 9 and 4pm that day Pope sent his ex-partner another 107 messages, some of which were abusive and threatening towards the victim, containing specific threats, Sgt Collin said.
Phone calls were also made during the period, however, the victim made no attempt to contact the defendant or reply.
On April 10 Pope attended the Queenstown Police Station, and admitted sending the texts and stated not all of them were abusive, and that he was looking for a reaction.
Judge Murfitt said Pope’s ex-partner needed to know she was going to be safe from “this type of stalking behaviour”.
Pope was convicted on the charge, with sentencing deferred for nine months, but ordered to pay the prosecution costs.
Dean Michael Rankin, 23, chef, of Queenstown, drink-driving, 1372mcg, Lake Esplanade, June 2. Fined $1200, disqualified eight months.
Theo Pretorius, 31, engineer, of South Africa, driving while disqualified, State Highway 6 at Frankton-Ladies Mile Highway (third or subsequent), on May 31 at Queenstown. Fined $1200, disqualified 12 months and one day from June 16.
Jaden Morris Fowlds-Kotuhi, 28, of Queenstown, dangerous driving, Stage Highway 6 at Frankton-Ladies Mile, May 4. Sentenced to 40 hours’ community work, $6422.75 reparation at $40 per week, and disqualified six months.
Mitchell Alexander Townsend, 20, apprentice builder, of Queenstown, sustained loss of traction, Fernhill Rd, March 28. Sentenced to 80 hours’ community work, no disqualification imposed.
James Kumbalek Ailao, 26, kitchen-hand, of Queenstown, assaulted Karina Preston, May 30, at Queenstown. Sentenced to nine months’ supervision with a special condition to undertake counselling or anger management programmes as directed; for a breach of community work, April 30, at Queenstown, he was convicted and remanded to reappear in the Queenstown District Court on July 15.
Kieran Joseph Kavanagh, 25, builder, of Auckland, assaulted Ronald de Silva, September 22, at Queenstown. Kavanagh was fined $500 and $963 reparation.
Thomas Lewendon, 26, of the United Kingdom, stole a bottle of chardonnay and a shepherd’s pie, valued at $33.60, from Alpine Supermarket on May 26 in Queenstown. He was sentenced to one month imprisonment; for a breach of community work on May 1 at Queenstown an existing sentence of community work was cancelled in lieu of one-month imprisonment, to be served concurrently.
Isaac Whatuira, 18, unemployed, of Queenstown, receiving stolen property, namely grocery items and a beer keg, valued at $1000, from persons unknown, between May 27 and May 28. He was sentenced to 40 hours’ community work and to pay $250 reparation.