Benefit fraud dating back more than 15 years has caught up with a Timaru man, despite having repaid the money.

Mark Bernard Briggs, 49, also known as Mark Thomas Adson, appeared in the Ashburton District Court before Judge Stephen O’Driscoll on Monday.

Ministry of Social Development (MSD) prosecutor Eden Holmes said MSD had decided to pursue the historic case because of the “level of greed”, and to deter others thinking of defrauding the “honesty-based” benefit system.

Holmes said Briggs received benefit payments of more than $29,000 that he was not entitled to.

Briggs claimed some payments under the alias of Mark Thomas Adson and did not advise Work and Income that he was employed or that he had left the country.

Holmes confirmed that Briggs has since repaid the money.

Briggs’ lawyer Tiffany McRae said the charges had been laid after he had left for the UK.

When he returned to New Zealand and found out about the charges, Briggs took “immediate steps” to repay the money, McRae said.

Judge O’Driscoll said the normal starting period for a sentence would be time in jail because of the sophistication, use of an alias, and the long period of the deception.

However, there were mitigating factors including the historic nature of the offences, no record of recent offending, and the fact the money had been repaid and the “taxpayer was not out of pocket”.

Judge O’Driscoll said Briggs was unlikely to offend again but the sentence needed to deter others from abusing the benefit system.

Briggs was sentenced to 12 months’ supervision and 150 hours of community work.

Constable assaulted

A 51-year-old Allenton man was “very drunk” when he assaulted a police constable.

Duty lawyer Paul Bradford said "there was a lot going on" in Jason Robert Gannaway’s life that led him to drink too much on June 5.

Gannaway was “very drunk at the time” and had no recollection of the incident the next day, Bradford said.

Judge O’Driscoll said the summary of facts indicated Gannaway had been drinking and was aggressive. However, Gannaway was very apologetic the next day and could not remember the incident.

“The police have a difficult enough job without you making it more difficult,” the judge said.

After Gannaway donated money to the Salvation Army, in place of a reparation payment that the constable did not want, Judge O’Driscoll sentenced him to 12 months’ supervision.

Community work for former gang member

A former Mongrel Mob member was given a community work sentence on firearms charges.

Allenton man Patrick Raymond Albert, 33, had earlier admitted the illegal possession of firearms and ammunition which were found when police executed a search warrant at his home on October 10 last year.

Albert’s lawyer Douglas Brown said Albert was jointly charged with his ex-partner, who was also charged and convicted of selling cannabis.

“Each took responsibility for the weapons to avoid the other being charged,” Brown said.

Brown said Albert used one of the guns for target shooting but the weapons belonged more to Albert’s partner.

Albert had since broken up with his partner and moved in with his brother.

Brown said it was unlikely that Albert would be back before the court. He had left the gang and had no weapons in his possession.

Judge O’Driscoll sentenced Albert to 150 hours’ community work and made an order for the forfeiture of the weapons and ammunition.

Assault denied

A Hampstead man denied several charges of assault on a person within a family relationship and one charge of assault in contravention of a protection order on May 13.

Damian Singh, 28, elected to have a judge-alone trial and will appear again on August 21.

Not guilty plea

A woman facing charges of assault and wilful damage, including assault with a broom and spade, has pleaded not guilty.

Rakaia woman Cherie Joan Harvey, 57, denied the charges from an incident on June 2.

She will appear again on August 21.

Benefit fraud denied

Tinwald woman Yvonne Marie McLean, 64, has denied charges of benefit fraud.

The Ministry of Social Development claims McLean received benefit payments that she was not entitled to because she was in a relationship between March 2012 and August 2022 which she failed to disclose.

McLean pleaded not guilty and elected to have a jury trial. She will appear again on August 21.

Seven charges admitted

An 18-year-old Rakaia man pleaded guilty to seven charges including speeding and failing to stop for police.

Joshua Brinsdon admitted the possession of cannabis and a cannabis bong in March.

He also admitted driving while suspended, speeding and failing to stop for police on June 1 and driving while suspended and failing to stop for police on June 5.

Brinsdon will be sentenced on September 18.

Plea changed

A Fairton woman changed her not guilty plea to guilty when she appeared in court via audio-visual link on Monday.

Jessica Andrea Blair, 40, admitted receiving and using a stolen bank card in January this year.

Judge O’Driscoll convicted Blair and ordered her to pay $726.05 reparation.

Driving charges denied

A Rakaia man denied several driving charges related to driving an over-dimension vehicle in Rakaia on February 12.

Philip Gilmore Brown, 71, will appear again on August 21.

$1500 fine for drink driving

Netherby man Michael John Meager, 67, was fined $1500 for his fifth drink driving charge.

Meager blew 600mcg of alcohol per litre of breath in a breath test on June 17, 2022.

Duty lawyer Tiffany McRae said Meager had gone out with his wife, who was going to be the sober driver. However, things changed and Meager decided to drive home.

While this was Meager’s fifth drink driving offence, the last was 25 years ago, McRae said.

Judge O’Driscoll gave Meager credit for the “significant gap” since his last offence.

He fined Meager $1500 and disqualified him from driving for 13 months.

Fourth drink driving conviction

A Tinwald man who "misjudged" the amount he had been drinking has ended up with his fourth drink-driving conviction.

William Harold McEwan, 46, blew 462mcg when police stopped him on Archibald Street on April 8.

Duty lawyer Paul Bradford said McEwan had “misjudged” the amount he had been drinking and his reading was over the limit by a small margin.

Judge O’Driscoll said McEwan had three previous drink driving convictions. The last was in 2010.

McEwan was fined $800, sentenced to 12 months’ supervision and disqualified from driving for 13 months.

Wind gusts to blame?

A lawyer told the court that wind gusts were to blame for a New Year’s Day crash on Blackford Road near Mt Hutt at the start of 2022.

Samuel Robert Lavery, 55, appeared on his third or subsequent drink driving charge.

He was flown to hospital after his vehicle rolled on the gravel road on January 1, 2022. A blood test gave a reading of 208mg of alcohol per 100ml of blood – more than four times the legal limit.

Lavery’s lawyer Rosslyne Burnside said winds were gusting between 70 to 75km an hour and the gusts blew Lavery off the road.

She said there was expert evidence that Lavery was likely travelling at about 80km/h and was blown off the road.

Burnside said Lavery suffered from sickle cell disease which could affect his blood level reading.

Lavery was also given medications at the scene of the accident and in hospital before a blood sample was taken.

The sample was also only tested five days after it was taken, Burnside told the court.

Lavery was adamant he had only had a couple of drinks and questioned the very high reading, she said.

Sickle-cell disease affected how Lavery’s liver processed alcohol. Lavery had hoped to engage an expert witness. However, there were no local experts which made it too expensive. As a result, Lavery had decided to “take it (the charge) on the chin”, said Burnside.

“He only had two glasses.”

Burnside said the doctor at the incident scene had provided a written statement attesting that Lavery did not smell of alcohol or appear intoxicated.

Lavery had changed his drinking behaviour since the accident and “does all the sober driving”.

Burnside said Lavery had no personal vehicle for an interlock device and drove several work vehicles. However, public prosecutor Sergeant Stuart White questioned whether Lavery had access to a vehicle that could be fitted with an alcohol interlock device.

Lavery was remanded for sentencing on July 24 to resolve the interlock issue.

Driving while disqualified

Natasha Christine Ranson, 31, admitted her third charge of driving while disqualified.

She was stopped by police on Chalmers Avenue on April 11.

Ranson will appear for sentencing on September 18.

Warrants issued

Judge O’Driscoll issued warrants for arrest for several people who failed to appear in the Ashburton District Court.

Timaru man Niko Simonsen, 25, did not appear on a charge of receiving a stolen three-phase power box in September last year.

Lesley Tiara Rapaea, 42, failed to appear on a charge of intentionally damaging property on November 13.

Netherby man Shane Edward James, 55, did not appear on a charge of operating a vehicle carelessly causing injury on the Hinds Highway on March 27.

Christchurch man Jonson Howell, 27, did not appear on charges of taking a Land Rover without permission and driving it, while being forbidden from driving, on the Mayfield Valetta Road on May 26, assaulting a police officer, and possessing a weapon identified as a pair of scissors.

By Sharon Davis