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Decade of benefit fraud

Decade of benefit fraud

A 65-year-old Tinwald woman escaped a jail sentence for extensive benefit fraud spanning 10 years when she appeared in the Ashburton District Court on Monday.

Yvonne Maree McLean was up for sentencing on two representative charges of not telling Work and Income that she was in a relationship between March 2012 and August 2022.

The Ministry of Social Development (MSD) said McLean filled her details form in incorrectly, claiming she was not in a relationship when she was. McLean was paid $93,763 in benefits that she was not entitled to.

Her lawyer Joanna Lorrigan-Innes said McLean was in an on-off relationship during that period.

She said McLean had a low level of education, was not clear on her obligations, and maintained that the relationship was one of being flatmates rather than a relationship.

Lorrigan-Innes said the sum was what both parties owed, and both had been making repayments to MSD before charges were laid.

Judge Campbell Savage said the starting point for sentencing, before any discounts were taken into account, was a 20-month jail sentence.

After taking discounts into account, McLean was sentenced to seven months' home detention. The judge did not impose community work because of McLean's health.

Wee problem

A Methven man was arrested on Monday for refusing to provide a urine sample.

Luke Alan Tarbotton, 33, was brought in from the police holding cells for breaching his terms of electronically monitored bail by not providing a sample of alcohol and blood testing.

Duty lawyer Paul Bradford said Tarbotton did not accept culpability for the breach.

He claimed he was told he would need to have a blood test. He arrived at the police station and was asked to provide a urine sample.

Bradford said Tarbotton had tried to go to the toilet but was not able to give a sample.

Police prosecutor Sergeant Stuart Whyte said Tarbotton had signed a form the day before that stated it was a urine test.

Bradford said Tarbotton had signed the form in the dark and believed it was for a blood test.

Judge Savage remanded Tarbotton on bail to November 27.

“If they (the police) come and ask you for another one – and I bet they will – be prepared,” the judge said.

Community work for family violence

"You're not allowed to thump people you claim to love."

Those were the stern words from Judge Savage to a Hampstead man appearing on family violence charges.

Damian Uday Ripimai Singh, 29, appeared for sentencing on two charges of family violence and a charge of breaching a protection order on May 13.

"You’re not allowed to thump people you claim to love. You’re not allowed to exert that sort of control over them. You need help with your attitude," Judge Savage said.

He sentenced Singh to 100 hours' community work.

"That gives you time to think how smart, brave and manly it is to thump someone in the face when they can’t get away from you."

Cannabis charge denied

A man who had recently moved to the Ashburton District from Gore has denied a cannabis charge.

Kelvin Thomas James Blondell, 23, denied possessing 80g of cannabis on October 30.

However, he pleaded guilty to charges of breaching a community work sentence handed down in January 2022 and driving while forbidden in Gore in July 2022.

Judge Savage said Blondell was sentenced to 80 hours of community work and had 26 hours outstanding. He sentenced Blondell to a further 40 hours' community work for the driving while forbidden and breach of community work charges.

Blondell will appear again in the Ashburton District Court on January 12 on the cannabis charge.

Judge Savage said Blondell had entered not-guilty pleas on some earlier assault charges in Gore which would need to be heard in the Gore District Court. He is due to appear in Gore again on December 20.

First drink driving offence

Rolleston man Samuel Merville Sevicke Jones admitted drink driving on Baring Square West on October 21.

The 18-year-old blew 507 micrograms of alcohol per litre of breath.

Duty lawyer Roz Burnside said Jones was a first-time offender.

Judge Savage disqualified Jones from driving for six months and fined him $500 plus $130 in court costs.

Rehabilitative sentence

Judge Savage encouraged Patrick Bruce Keen to engage with his supervision sentence so it could take him to "a better place".

The 37-year-old Netherby man appeared for sentencing on a charge of offering to supply cannabis on August 4, 2022, stealing a Land Rover on November 20, 2022, and threatening to injure Work and Income staff on December 14 last year.

Lawyer Ben Shamy said the offer to supply cannabis was a one-off offer and no cannabis was found.

Judge Savage said sentencing was difficult because the level of offending was not serious enough to put Keen in jail, but his address was not suitable for an electronically monitored sentence.

Keen told the judge he would complete community work "if it will keep me out of jail".

He was given a 12-month supervision sentence and 40 hours' community work.

"Engage with the sentence supervision it will take you to a better place," Judge Savage said.

Further disqualification

Poor impulse control resulted in the further disqualification for a young driver.

Brodie John Young, 20, had earlier admitted a charge of driving while disqualified on Moorhouse Avenue on November 27, 2022, and a charge of sustained loss of traction on Trevors Road on June 23 this year.

His lawyer Cory Shaw said Young had ADHD which manifested as poor impulse control.

Young was given a further six-month disqualification and warned to engage with a supervision sentence for earlier charges.

"Lift your game on the intensive supervision or we’ll meet again," Judge Savage said.

Drug driving

"Think about what you are putting in your body before you go driving," Judge Savage told a 32-year-old man after he had admitted driving under the influence of drugs.

Michael John Cooper drove into a pole on East Street on February 5 and contacted police after the incident.

Sergeant Whyte said police were seeking reparation of $2034.77 for the analysis fees and a further $16,000 for the damage to the pole, which could be followed up via a civil claim.

Judge Savage said Cooper's driving history was "not great" but gave him credit for contacting the police.

Cooper was disqualified from driving for six months and ordered to pay reparation for the analysis fees.

Judge Savage encouraged Cooper to think about what he put in his body before he got behind the wheel.

"You could end your own life or someone else’s," he said.

Fifth drink driving conviction

A miscalculation on the amount he had to drink ended up with a fifth drink driving conviction for a Tinwald man.

Wiki Junior Whare blew 678mcg when stopped by police on Graham Street on September 1.

His lawyer Cory Shaw said Whare had "cleaned up his act" and had not been in court for drink driving for 15 years.

Whare had consumed a few beers at the pub and miscalculated the amount he'd had to drink.

Judge Savage said Whare had not had a drink driving charge since 2007. He disqualified Whare from driving for one year and one day and sentenced him to 40 hours' community work.

One year disqualification

A man who was last convicted of drink driving "last century" was disqualified from driving and given a community work sentence.

Richard Allen Lucking blew 471mcg on Chalmers Avenue on October 27

Duty lawyer Paul Bradford said Lucking's last drink conviction had been "last century".

Lucking had been out doing something community-minded, had a few beers and thought he would be under the limit.

Judge Savage said Lucking was "heading down a pretty dangerous path a quarter of a century ago" but was prepared to accept he misjudged his drinking on the day, given the low level.

Lucking was disqualified from driving for one year and one day and sentenced to 60 hours' community work.

Supervision sentence

Cecelia Jasmine Mako appeared for sentencing on two assault charges and one of wilful damage.

Judge Savage said the 23-year-old had not been in trouble before. He sentenced Mako to six months' supervision.

"The sentence is to give you a little assistance so you can go on and achieve your potential," the judge said.

Interlock sentence

A young Tinwald man received an interlock sentence for his first drink driving conviction.

Matthew James Edward Moses, 21, admitted charges of drink driving and careless driving on Archibald Street on October 19.

He blew 804mcg in a breath test.

Moses was given an interlock sentence which effectively means he will have to drive with zero alcohol for at least four years. He was also fined $800 plus court costs.

Assault denied

Marjorie Leeann Gill, 45, denied two charges of assault on October 26. She will appear again on January 12 next year.

Further disqualification

Jarred Raymond McGuire appeared for sentencing for driving while suspended.

The court was told that the 40-year-old had been suspended again due to demerit points.

Judge Savage gave McGuire a 12-month disqualification that will start when his suspension ends in January.

Driving while disqualified

A man who is disqualified from driving until May next year admitted driving while suspended.

Pelesito Iaapaia Meki, 22, was stopped by police on Melcombe Street on October 15.

Duty lawyer Jennifer North said Meki drove out of necessity because he was the only one in the family who drives.

Judge Savage disqualified Meki from driving for a year and a day from May 11 next year.

Arrest warrant

Judge Savage issued an arrest warrant for Pere Mataiti.

The 37-year-old failed to appear in court on a charge of driving while suspended on Racecourse Road on July 29.

Sergeant Whyte said this was the second time Mataiti had failed to appear in court on this charge.

By Sharon Davis