Court news: 29 September
Road rage
A Willowby man was told to keep his temper in check on the road.
Wayne Noel Scobie, 62, pleaded guilty to common assault and wilful damage charges in the Ashburton District Court.
Lawyer Grant Fletcher said it was a shame to see this man in court in his 60s with no record.
“Reading between the lines… there was a bit of a road rage incident,” he said.
While the full details weren’t discussed in court, Scobie became enraged after an incident involving another person in a passing lane.
Fletcher said Scobie saw the person laughing after the incident, and that annoyed him enough for him to pull over, get out of his car and damage the other vehicle.
“He lost his temper; It’s totally out of character,” Fletcher said.
“Other than that he’s… a prosocial, well regarded individual.”
Compensation of $1481 was sought but Fletcher said that would be difficult for Scobie to pay.
“You’ve let yourself down,” Judge Savage said to the man.
“Passing lanes are not always a happy place to be. I had an experience on one yesterday that made me angry.
“But I didn’t get out of the car and hit them.”
Savage convicted the man, ordered he pay the $1481 and ordered a further fine of $250.
Seven years dry
Tinwald woman Jennifer Marie Horne, 41, appeared on a common assault charge after a seven year clean streak.
Lawyer Grant Fletcher said the woman was “tired of being in and out of trouble,” often as a result of dangerous drinking habits, and had been “on the dry” for some seven years.
“Unfortunately, her partner had a work do in the hotel in question, and there was basically a bar tab.
“She had a lot to drink.”
This resulted in her abusing the venue’s staff, and the drinking got so bad she had to have her stomach pumped at the hospital.
“She feels terrible about it,” Fletcher said.
Judge Savage had empathised with Horne.
“You’ve done very well to stay out of trouble for 7 years, so well done.
“But on this occasion, as you know, you’ve let yourself down.”
He asked that on top of her sentence, she write a letter of apology to the staff, explaining her situation.
“Let her know that you’re actually trying to improve your life.”
Savage convicted Horne and sentenced her to come up if called upon for six months.
He further ordered she make a $500 emotional harm payment to the victim.
A roof over her head
Danielle Renee Foster, 32, pleaded guilty to eight shoplifting charges.
Lawyer Grant Fletcher said drug use had molded the woman’s life, but despite her record, life had improved significantly for her over the last three months.
“For the first time, I think ever, she’s got a house of her own.
“Having a place to live, a place to eat and a place to sleep… has simply given her that ability to engage and to talk [with probation].”
She had also secured custody of her daughter which “by itself has been absolutely critical in helping her think beyond herself,” and was attending counselling in Christchurch for mental health issues.
Judge Savage said the list of this round of offences was serious.
“They’ve got that prison look about them, but you’ve been to prison before.”
He did agree that Foster’s new living situation was a page turn moment for her.
“That’s gonna give you the calmness in your life that you need.
“The chances of you engaging with supervision seem to be a whole lot greater if you have a home.
He convicted Foster and sentenced her to home detention for six months.
She was already under an intensive supervision order and that is to continue.
“I think that's the least restrictive sentence that I can impose.
“Maybe things are starting to change in a good way.”
Driving while disqualified
Kristopher James Robin Lay, 23, appeared in court after he was found driving while suspended four times in one week.
The Hampstead man drives from Ashburton to Christchurch daily for work, his lawyer said.
The court could not consider a “Section 94” which would swap a driving disqualification for a community sentence.
There was also no possibility for Lay to apply for a limited licence.
“You got caught,” Judge Savage said to the man.
“I was on my way to work,” Lay said at one point from the dock.
“I had to go to work at some point.”
“Its not a right to drive, it's a privilege,” Savage said.
“The rules do apply to you, you got caught four times in a week.”
Lay was convicted and disqualified from driving for eight months.
“Grow up. Thank you.”
Ashburton man Christopher Howard Flanagan appeared on five shoplifting charges.
His lawyer said Flanagan had a “somewhat relevant history” but asked Judge Savage to apply a sentence focussed on rehabilitation.
“Something’s got to be done to stop you pinching things,” Savage said to Flanagan.
Repaying the stolen goods was likely out of reach for the man, Savage said.
“I don’t see reparation as being a realistic option.
“But if you go out stealing again, you might find yourself in jail.
“So grow up. Thank you.”
Savage sentenced Flanagan to four months of community detention, and a further year of intensive supervision.
“Maybe things are starting to change in a good way.”
Cannabis for pain
A Hampstead man was sentenced this week following delays and wasted court appearances.
Gavin Christopher Bennett, 49, pleaded guilty to one charge of cultivating cannabis and dangerous driving matters.
Lawyer Paul Norcross said he was growing the cannabis purely for himself, and not to supply to others.
“This relates entirely to pain relief. These plants were for his own personal use.”
Bennett had been on a medical cannabis prescription previously due to a work injury, and had received seven back surgeries since the incident.
Norcross also pointed out that Bennett’s last court appearance was 23 years ago.
“20 years without coming to court,” Judge Savage said. “Well done you.
“You’ve got a bit of history, but you’ve tidied your act up.”
Savage sentenced the man to come up if called up for nine months.
That means if Bennett stays out of court for nine months, his charge will be dropped entirely.
But if he finds himself behind the dock again for something else, these charges will reactivate and add to his penalty.