Jail becomes the only option
A man who has been in prison since January 30 was given a jail sentence because he did not have an address suitable for an electronically monitored sentence.
Tereance Paki, 28, appeared before Judge Mark Callaghan in the Ashburton District Court on Monday.
Paki was arrested the day after he breached a protection order on January 29. He was charged with wilful trespass, breaching a protection order, family violence and intentionally damaging an X-box and phone.
He also appeared for resentencing after he breached an earlier sentence of intensive supervision and 120 hours’ community work. Those charges included wilful trespass, family violence, theft under $500, resisting police and escaping custody.
Judge Callaghan said Paki’s relationship with his partner ended on May 5 last year. He was issued with a trespass notice on May 8 after he assaulted his partner. This included dragging her down the hallway, smashing her phone so she couldn’t call for help - and throwing a child’s scooter at her, which missed by a narrow margin.
On May 15 he was back on the property despite being told not to go there, the judge said.
The police arrived after a report of fighting and Paki tried to escape. He was pursued by police and taken into custody but kicked a police officer in the head during the process.
Despite bail conditions not to go to his partner’s address Paki returned to her home on June 19 and entered by the back door.
The judge said Paki became enraged and punched his partner in the face, pulled her hair and kicked her twice in the lower back – in front of the children.
Paki then smashed an ornament, pulled out the wifi router, took the only key to the property and fled.
In addition to a black eye, bruised arm, sore back and a lump on the head – Paki’s partner was left frightened and felt unsafe in her home.
In September last year, Paki was sentenced to 18 months’ intensive supervision with judicial monitoring and 120 hours’ community work.
However, Paki did not engage with his intensive supervision sentence and completed only one hour of his community work sentence.
On January 29, Paki tried to contact his former partner in contravention of a protection order, Judge Callaghan said.
When she didn’t respond to his messages Paki went to her address to talk to her.
She left the address with her children to avoid Paki and headed down Tancred Street. Paki followed them. He pushed his former partner in the back causing her to land on her knees, then pushed her again causing her to fall down completely.
The victim ran away to another property and Paki is alleged to have grabbed her X-box and phone and thrown them to the ground, smashing them.
Paki admitted grabbing the X-box but not the phone, the judge said.
In her victim impact statement, Paki’s former partner said there had been a lot of violence in the relationship leaving her scared and concerned for her safety and the safety of her children.
Judge Callaghan said Paki had lost his parents at a young age and had an upbringing with gang involvement and violence.
The judge said the starting point for sentencing was 33 months in jail but gave Paki credit for his his early guilty plea and the “disconnect with his whanau” and not having their support for an electronically monitored sentence.
Paki was sentenced to 19 months in jail on all charges, with leave to apply for home detention if he found a suitable address.