The whiff of cannabis landed a man with unexpected charges when he let the police into his home to verify someone was not there.
When the police arrived at Samuel William Bailey’s home at about 10pm on September 11, 2022, to conduct a welfare check, the 29-year-old allowed the police to enter his home to confirm the person was not there.
Following a scent of cannabis the police found two cannabis plants in a grow tent with ventilation and a heat source. They then invoked their search powers and Bailey revealed he had 17 mixed rounds of ammunition.
Bailey initially denied the charges of cultivating cannabis and the illegal possession of ammunition. But changed his plea to guilty when he appeared before Judge Callaghan in the Ashburton District Court on Monday.
Lawyer Cory Shaw said the plants were for personal consumption and there was nothing “sophisticated about the grow”.
The plants were small and not harvestable at the time and at the lower end of offending of this nature.
Bailey was given a nine-month suspended sentence.
“You’re on a good behaviour bond for nine months – set a good example for your son,” Judge Callaghan said.
The judge issued an order for the destruction of the cannabis, grow equipment, and ammunition.
Suspended sentence on gun charge
A Fairton man was charged with possessing a .22 rifle without a licence after police attended a domestic violence call-out where he was the victim.
Stewart Francis Henderson, 52, pleaded guilty to possessing the rifle despite not knowing it was in the house at the time.
Duty lawyer Tiffany McRae said police searched Henderson’s home on April 1 and found the rifle in the bedroom, tucked away behind some boxes and bags that had not been unpacked.
McRae said it was a kids’-sized rifle that Henderson had bought for his son a number of years ago. When Henderson’s licence was revoked he had taken his firearms to his mother’s partner’s address to store them in a safe.
Henderson’s partner had collected the .22 rifle to deal with the magpies and hidden it away without his knowledge, McRae said.
The police had been called to Henderson’s address “due to a domestic issue … she stabbed him and is in prison awaiting charges”, McRae said.
Judge Callaghan said Henderson had not been in trouble “for a large number of years”.
He gave Henderson a six-month suspended sentence and issued an order for the destruction of the rifle and ammunition.
Alcohol a factor in assault
A woman who hit a security officer at a bar has admitted a charge of injuring with reckless disregard for the victim.
Judge Callaghan said Kylie Rose Kauriki Paul, 37, had been drinking at a bar in the early hours of December 10 last year. At about 2am she tried to go to the smoking area and got into an argument with a security officer who was trying to close the area off.
Paul grabbed a full bottle of beer from a crate and struck the security guard in the face. The bottle broke and smashed the guard’s glasses and cut her near her left eye. She was taken to hospital for a concussion and had an ongoing headache for some time afterwards, the judge said.
Paul told police the security guard was not answering her questions which fuelled her up.
Judge Callaghan gave Paul credit for attending a restorative justice meeting and apologising to the victim – but noted that the victim wanted Paul to get help for alcohol abuse.
“Alcohol is obviously a problem for you,” the judge said noting previous alcohol offending.
Paul was given five months’ community detention with a curfew of 6pm on Friday to 6am on Saturday and from 6pm on Saturday to 6am on Monday.
Judge Callaghan added a further two weeks’ community detention to remit $1471.35 in fines and also sentenced Paul to nine months’ supervision.
Community work sentence
A man who was extremely remorseful after an out-of-character attack at a bar has been given a community work sentence.
Marley Otene, 26, had no recollection of the drunken brawl on November 30 last year, but pleaded guilty after seeing video footage of himself in the fight.
Lawyer Grant Fletcher said Otene had been part of “one of best” restorative justice conferences he had seen and had already paid $1500 in emotional harm.
“He feels terrible about this situation and has done absolutely everything he can to make it right.”
Fletcher asked the judge to consider a conviction and discharge.
Judge Callaghan said the background to the offending was too much alcohol and accepted the attack was out of character.
However, he said the starting point for sentencing for attacks to the head by multiple attackers was time in prison.
“I can’t make the leap to a conviction and discharge,” the judge said.
Otene was sentenced to 80 hours’ community work.
Expensive meal out
A Mount Somers man had an expensive meal in Ashburton on April 8 after he was stopped at a police checkpoint.
Shane Andrew Workman, 60, admitted to consuming three jugs of beer and blew 587 micrograms of alcohol per litre of breath on River Terrace.
Duty lawyer Paul Bradford said Workman had taken his niece out for a meal and misjudged the amount he had to drink.
He said Workman had previous drink driving convictions, but the last was 20 years ago and this was a misjudgment rather than a relapse.
Judge Callaghan said Workman should have known that three jugs would have put him over the limit.
Workman was fined $1000, plus $130 in court costs, and disqualified from driving for 12 months.
Birthday celebration goes wrong
A birthday celebration ended badly for an Allenton man after he had too much to drink.
Jayden Eric Cromie, 35, admitted damaging an ATM on February 25. He also admitted failing to appear in court and unintentionally bringing a weapon (a ninja star) to court.
Lawyer Gretchen Hart said Cromie recognised he “becomes a bit silly when drinking” and only drank alcohol on rare occasions.
She said he had a few drinks to celebrate his birthday and the damage to the ATM was “quite minimal”.
Judge Callaghan said the offending appeared to be “a glitch rather than re-embarking on a criminal career”.
He sentenced Cromie to 40 hours’ community work and issued an order for destruction of the ninja star.
Offensive weapon charge
Vinnie Luke Eaden McKersey, 21, pleaded guilty to having a homemade bat in a public place on March 5.
Lawyer Tiffany McRae said McKersey kept the bat in his car for protection and pulled it out after the occupants of another car started honking and yelling.
He had no idea why they were doing that, McRae said.
She said McKersey worked on a dairy farm and was unable to do community work and asked the judge to consider a fine.
Judge Callaghan said McKersey had nearly $10,000 in outstanding fines and declined to issue a fine. He requested a report to look at the options for a community detention sentence.
“You acted like an idiot when you used this baton. You shouldn’t have had it with you. Waving a bat to someone else is a threat to them,” the judge said.
McKersey will appear for sentencing on June 7.
Charge dismissed
Charges against James Jay Mavor, 36, for allegedly driving while disqualified were dismissed.
Mavor had denied the charges at an earlier appearance and elected to have a judge-alone trial.
Driving while disqualified
Jacob Mohitti Kohi, 35, pleaded guilty to a charge of driving while disqualified on West Town Belt, Rakaia, on September 1 last year.
He will appear again on July 1.
Guilty plea
Nathan Paul French, 30, pleaded guilty to charges of careless driving on Robinson Street and threatening to injure on December 22 last year.
He was remanded to allow for restorative justice and will appear again on June 4 for sentencing.
Charges dropped
Police withdrew a drink driving against Allan William Shepherd, 68.
Shepherd’s lawyer had previously argued that Shepherd was on a private driveway not on the road.
Drink driving
A decision to drive friends home after the rodeo did not end well for Jack Jocelyn Savage.
The 21-year-old was stopped at a police checkpoint in Methven and blew 697mcg.
Duty lawyer Paul Bradford said Savage had planned to sleep in his car after the rodeo. But friends became uncomfortable at a pub and he and “made a decision to drive them home”.
Savage was disqualified from driving for six months and fined $700 plus court costs.
Guilty plea
Allan Edward Batchelor, 33, pleaded guilty to drink driving on March 8.
He blew 515mcg at a checkpoint on Bridge Street.
Batchelor was fined $500 plus $130 in court costs and disqualified from driving for six months.
