File image. © Andrew Bardwell

A couple exchanged “sinister and upsetting” text messages over a four-day period when they were beating and probably kicking the woman’s three-year-old daughter, a judge said as he jailed the pair.

“She can cry all she likes. It won’t stop me,” 23-year-old Michael Raymond Miles texted.

The girl’s mother, 22-year-old Krystal Anne Kuru, replied: “I know, Baby.”

“My boot is looking good,” Miles wrote.

“Can’t wait,” Kuru replied, and Miles ended with the line: “Yep. She will be getting it till she stops, eh.”

The pair were today jailed for 22 months by Christchurch District Court Judge Brian Callaghan who described their assaults on the defenceless three-year-old as “sustained and cowardly”.

They had pleaded guilty to charges of intentionally injuring the child with a series of assaults committed in Christchurch from November 30 to December 3, 2014.

Permission had been sought for both of them to apply for home detention during their jail terms, but Judge Callaghan refused, saying: “This was offending on a helpless, isolated, and innocent three-year-old and calls for a severe response.”

He said the text messages the couple exchanged made “sinister and upsetting reading”.

The child was beaten with a kitchen ladle and Judge Callaghan said he believed Miles had probably used his work boots on her as well, though Miles denied it. The child was found with extensive bruising including injuries to the head and ear.

“The text messages raise a very sinister overtone showing a propensity for both of you to subject this child to physical abuse,” said the judge, describing the exchanges as “unsavoury”.

Defence counsel for Kuru, Margaret Sewell, said the woman had not caused the bruising but acknowledged that she had not prevented the assaults happening. She had previously been seen as a good mother, and she hoped a home detention sentence would be considered.

For Miles, Bridget Ayrey said there was no way of knowing which of the pair had caused the injuries. Miles’ health had deteriorated since his remand for sentencing. He had no address available for home detention but asked for permission to apply if an address was found during his sentence.

Judge Callaghan said that the girl had been subject to several beatings by both of them. He did not accept that Kuru had been a bystander. During her pre-sentence interview she had admitted physically punishing her daughter, using hands and kitchen implements to hit her.

Fortunately for the child, there was no permanent damage or broken limbs.

“But it was sustained and cowardly and hugely inappropriate towards a three-year-old child,” said Judge Callaghan. “I don’t suggest for a moment that there may not have been behavioural issues, but there are other ways of dealing with them.”

Since the offending, Kuru had done part of a parenting course. Both of them will be subject to stand and special conditions for six months after their release from prison.

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A 17-year-old charged with recklessly setting fire to vegetation in the dunes at South Brighton has been granted a further remand without plea to get the police details of the case against him and to continue consulting a lawyer.

Ruth Buddicom has been assigned as defence counsel for Jayvan James Simms. She told Christchurch District Court Judge Brian Callaghan today that she was expecting to receive a lot more police material on the case and asked for the remand.

Judge Callaghan remanded Simms on continued bail to January 13. As part of his bail conditions, he is not allowed to go to Marine Parade.

The fire on November 30 caused a lot of damage to vegetation and led to the evacuation of several homes that were threatened.

Simms has entered no pleas to charges of recklessly setting fire to vegetation that was the property of the Crown, when he ought to know that danger to life was likely to ensue, and being unlawfully in possession of two rounds of .22 ammunition.

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Jayden William Francis Callander will have to repay thousands of dollars for his online cheating when he offered to sell car parts on Trade Me, but that will only cover part of the losses.

The 21-year-old was jailed for two years seven months for dishonesty offending in August and now another six months has been added to the sentence for his Trade Me activities.

He had pleaded guilty to seven charges of dishonestly accessing a computer system and causing loss.

Christchurch District Court Judge Gary MacAskill yesterday ordered Callander to repay $3370 to his victims, who are scattered all over New Zealand.

But he could not order him to pay Trade Me’s costs of $2625 for investigating the frauds which happened in September and early October 2014, when Callander offered car parts for sale, took money from on-line customers but failed to deliver the goods.

Tom Smedley said Callander had sent a letter of apology to one of the victims through Restorative Justice Services, but the victims had not been interested in meeting the offender at a restorative justice meeting.

He said Callander had begun using drugs after the loss of his mother, and then offended to pay for his habit because of costs and “taxing” imposed by his associates. He accepted Callander had a significant criminal history, but he had been doing courses in prison, including NCEA, and he wanted to look for work after his release to enable him to pay reparation.

Judge MacAskill said a deterrent sentence had to be imposed because online offending was prevalent.

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Firearms charges have now been laid against a 36-year-old man arrested on drugs charges on Friday after a series of police raids in Christchurch.

Scott Andrew Swarbrick was remanded in custody on Friday, and no bail application was made at his further appearance in the Christchurch District Court yesterday.

He has now been remanded in custody without plea by Judge Brian Callaghan to January 18 on methamphetamine-related charges from last week, as well as charges laid today of unlawful possession of shotguns, rifles, and ammunition.

No pleas have been entered on any of the charges.

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A Chinese driver fell asleep on the highway through Arthur’s Pass and crashed into a tree, injuring his four passengers.

The group in the car driven by 34-year-old Chen Yang were all his friends, the Christchurch District Court was told yesterday when the Shanghai man admitted four charges of careless driving causing injury.
One of those injured in the November 29 crash on State Highway 73 remains in hospital and will need further surgery. One passenger had to be placed in an induced coma in Christchurch Hospital.

Police said Yang had five passengers – his wife, 10-month-old son, and three friends who were all visitors from China.

He drove off the road on a slight right-hand bend about 3pm and crashed into a tree which fell onto the roof of the van.

The front seat passenger received fractured ribs and a knock to the head, and spent the night in hospital.

A rear-seat passenger received head and chest injuries and was also in hospital overnight.

Another paassenger needed surgery for abdominal and chest injuries and was in critical condition in intensive care for a time.

The fourth passenger was flown to Christchurch Hospital with serious chest and abdominal injuries and was placed in an induced coma.

The baby was knocked out of his car seat but was not injured.

Yang received minor injuries and told police he had been feeling tired and may have fallen asleep.

Defence counsel Donald Dickson said a restorative justice meeting was not appropriate because Yang was leaving the country on December 31. Yang offered to pay reparations to the victims.

Judge Brian Callaghan noted Yang was remorseful and ordered him to pay $800 to the woman who was placed in an induced coma, and $400 each to the other victims, a total of $2000.

He disqualified him from driving for a year, but noted that would be “academic” because of the man’s booking to leave New Zealand next week.

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New charges involving drugs, firearms and an alleged threat to kill have been laid against an Oxford man, three weeks after his arrest for a North Canterbury incident.

Jed Matthew Waghorn, a 21-year-old plasterer, is denying all the charges and has elected a jury trial.

At the Christchurch District Court today, Judge Raoul Neave remanded Waghorn in custody overnight for a bail application to be heard tomorrow. He is then remanded to a case review hearing on March 7, the next step on the path to a hearing before a jury.

The incident took place on the night of December 5 to 6, when police responded to a complaint that a man had been robbed between Cust and Pegasus township. Waghorn and a woman were arrested when armed police went to a property in Oxford.

They were jointly charged with robbing a man of his wallet and two cell phones while armed with a sawn-off shotgun.

The woman has been remanded on bail to a date in mid-January, without plea.

Waghorn has been held in custody since his arrest and appeared by video-link from Christchurch Men’s Prison at the court today.

One of the new charges allege he threatened to kill the man named as the victim in the robbery charge, at Christchurch on December 5.

He is then charged with unlawful possession of a cut-down Ruger 77 rifle, and unlawful possession of a shotgun cartridges, and .22 and 7mm rounds.

He also faces a charge of possession of the class A drug methamphetamine at Oxford, on December 6.

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Former Speaker of the House Sir Kerry Burke has been fined and disqualified after admitting a charge of drink-driving, at the Christchurch District Court.

Sir Kerry, aged 73, admitted driving with a breath-alcohol level of 517mcg of alcohol to a litre of breath.

Police prosecutor Sergeant Glenn Pascoe said he had been found driving his Volkswagen in Christchurch at 4.54pm on November 14.

Alcohol levels above 250mcg draw an infringement notice, and levels above 400mcg mean prosecution at court.

Defence counsel Andy Ogilvie said it was Sir Kerry’s first time before the court.

“He’s had an exemplary public life as a former Member of Parliament and Speaker of the House,” he said. “He is naturally very embarassed and remorseful about the situation he finds himself in.”

There had been nothing remarkable about the driving that had brought police attention.

Mr Ogilvie said: “He had some pressures on him in his personal life which I don’t want to traverse in open court given the interest the Press is likely to show in this matter.”

There was little prospect of Sir Kerry ever appearing before the court again, he said, suggesting that because of the previous life he had led, a modest fine and disqualification should be imposed.

Judge Alistair Garland said that since Parliament had reduced the drink-driving level, the level in this case was more than twice the legal limit. “One has to reassess just how much you can drink before you drive, given that Parliament has changed the rules.”

Because he was aged 73 and had never appeared before the court, he was entitled to have the court take his good record into account. “I accept it was an error of judgment. I accept it is unlikely you will ever do so again,” said Judge Garland.

He imposed a $400 fine and six months’ disqualification from driving – the minimum term.

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File image. © Andrew Bardwell

A 27-year-old man is in custody awaiting sentence after admitting date rape at his home in Christchurch after meeting a woman online.

Christchurch District Court Judge David Saunders said imprisonment was the inevitable sentence for Chester Grant Gibson when he is sentenced in the Christchurch District Court on February 10.

Defence counsel Phillip Allan said Gibson had written a letter of apology to the woman. The letter will be given to the woman and a victim impact statement will be prepared ahead of sentencing. She will also be asked if she is willing to meet Gibson for a restorative justice conference.

Judge Saunders read Gibson a first strike warning under the system that imposes heavier penalties on repeat offenders, after Gibson had admitted the charge of sexually violating the woman by rape in an incident on October 3.

Crown prosecutor Stephen Burdes said the two had met through an online dating website.

They met for the first time on October 2 when the woman visited Gibson at his home to watch a movie and have some drinks. There was no discussion or indication about intended sexual contact.

Gibson was mildly intoxicated after drinking a bottle of red wine before she arrived. The two had drinks and smoked cigarettes outside.

After midnight, they lay down on Gibson’s bed and spooned and cuddled.

During the evening, the woman had taken a prescribed Tramadol tablet to treat pain for an unrelated medical issue.

When she fell asleep, Gibson removed the cycling shorts she was wearing. “She did not assist him or reciprocate his sexual advances at all as she was asleep. She did not say anything to him and her hands were not touching the defendant in any way,” Mr Burdes said.

Gibson told police he then raped her for about 30 seconds before deciding that what he was doing was wrong, and stopping. He went to sleep.

The woman woke in the morning feeling sore and suspected that there may have been sexual activity.

She collected her belongings and left in a taxi.

He denied in an exchange of text messages that they had done anything more than spooning, but when he was interviewed he admitted what had happened. He said she should have realised that the woman was asleep and not consenting. He was remorseful.

Gibson has only minor traffic convictions on his record.

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A hit-and-run street racer who badly injured his victim in a high speed crash on Russley Road has been warned he faces possible jail time.

William James Henry Le Grys, 20, of Upper Riccarton, had no lawyer for his scheduled sentencing in the Christchurch District Court today and no pre-sentence report had been prepared.

He sat in court and watched the rival driver – described by Judge Paul Kellar as being less responsible for the July 2 smash – being sentenced to home detention.

Then the judge told Le Grys that as the second driver, who had triggered the incident by tail-gating and who had driven off after running right over a passenger thrown from the other vehicle when it crashed, he faced a possible jail sentence.

“It is so serious that you need legal advice,” Judge Kellar warned him, and remanded him again for sentence on March 16.

The victim, who was the brother of the other driver, received a fractured pelvis, broken collarbone, and punctured lungs. He has since returned to work as a machine operator.

Le Grys has pleaded guilty to charges of inciting a street race in which a person was injured, and failing to stop and check for injuries after an accident. He remains on bail.

The other driver was 18-year-old Joseph Quinton Barrett, who is also a machine operator at the same workplace as his brother.

He had admitted charges of dangerous driving causing injury and driving with a passenger in breach of his restricted licence.

Defence counsel Clare Yardley said two of Barrett’s group of friends had been killed in car accidents and this had had a marked effect on the attitude of the group. His brother had been “amazingly forgiving” to Barrett and the other driver.

She said the police did not understand how Barrett’s brother had survived being run over completely by the other racing car.

Soon after this accident, Barrett was disqualified from driving on a separate drink-driving charge, but he has no other relevant convictions.

Mrs Yardley asked for a sentence of home detention to be imposed rather than the lesser community detention term. Home detention would allow the flexibility needed for Barrett to continue to work night shifts.

Judge Kellar said Le Grys had triggered the race by tail-gating Barrett’s car, which then reached 170km an hour, weaving through traffic along Russley Road about 8.30pm on July 2.

Barrett lost control at speed, crashed into a fence and then spun across the road before hitting a concrete culvert which sent the vehicle flying and spun it 360 degrees. The spin threw the brother out through the open window, where he was run over. He was not wearing a seatbelt.

Judge Kellar said young men and cars could be a “potent combination”. He told Barrett: “Your age is a factor because young men haven’t developed the consequential thinking parts of their brain.”

He imposed a two-month term of home detention at a Harewood address, with six months of post-detention conditions to follow, and a one-year disqualification from driving.

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A teenager charged with kidnapping, robbing, and assaulting a 55-year-old Christchurch man has been remanded in custody to next month.

Nineteen-year-old Shem Brokenshire, of Avonhead, was remanded without plea to February 4 when he appeared before Judge Alistair Garland in the Christchurch District Court.

Defence counsel Colin Eason said no bail application would be made until Brokenshire’s next appearance, which is set to be made by video-link from the prison.

He was one of two teenagers arrested after the incident early on Wednesday. The younger alleged offender was remanded separately.

Police alleged the pair forced the man to take his Jaguar car to two cash machines, and he then ran off when they called at a petrol station on Waimairi Road. He was treated at hospital for minor stab wounds.

The pair were arrested near Temuka when someone noticed them with the “distinctive” car which was being towed into a service station.

Brokenshire is charged with kidnapping the man, robbing him of the Jaguar and an eft-pos card while armed with a screwdriver and scissors, and assaulting him using the weapons.

He is also charged with driving while forbidden and drink-driving.

Brokenshire also faces charges of stealing alcohol from a Papanui liquor store on January 9 and intentionally damaging the shop’s door.

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Police did not oppose bail for a 20-year-old arrested after an alleged police pursuit across Christchurch early today.

Ethan Olegovitch Budayev was arrested and appeared in the Christchurch District Court on four charges.

Judge Noel Walsh remanded him on bail without plea on charges of failing to stop for a police officer when he was speeding, reckless driving in Milton Street, driving while disqualified, and possession of a glass pipe for smoking methamphetamine.

Budayev was remanded for a further appearance on February 1. His bail conditions will keep him at his mother’s home in Woolston each night under a curfew, and he is not allowed to consume drugs, nor drive any vehicle.

A second man, 31-year-old Ricky Shane Stampa, of Somerfield, was remanded in custody for a video-link appearance on February 4, after being refused bail by Judge Walsh, on charges relating to a second car chase that began in Bower Avenue.

Police said road spikes had to be used several times after the chase began about 3.30am.

The police chase had been abandoned at one stage because the vehicle was being driven erratically, but police continued to track the car on a network of CCTV cameras that can be viewed at the Central Police Station.

Stampa has entered no pleas to charges of reckless driving on Bower Avenue early today, failing to stop for the police, driving while disqualified, assaulting a police sergeant when the chase was over, resisting five police officers, and possession of a glass pipe for smoking methamphetamine.

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A Christchurch man has been arrested and charged with posting an abusive Facebook message.

The charge was laid under the Harmful Digital Communications Act, passed by Parliament last year, and carries maximum penalties of two years’ jail or a $50,000 fine.

Henare Pera Hohaia, a 27-year-old Hornby man, entered no plea when he appeared in the Christchurch District Court today.

He was remanded on bail to February 9 with conditions that he live at a specified address, not contact the woman complainant, and not access any computer or Internet-capable device.

Hohaia has been charged that on Saturday he posted a message on Facebook with intent that it cause harm to a woman, where it would cause harm to “an ordinary reasonable person”.

The charge says that posting the message caused “serious emotional harm” to the victim.

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Two people charged with receiving property stolen in the burglary of a Phillipstown outdoor firm have been granted registrar’s remands without plea at the Christchurch District Court.

The pair, who live at the same Linwood address, were remanded on bail to February 9 to get legal advice.

They were jointly charged with receiving items of hunting equipment stolen in the burglary of Twin Needles, an outdoor equipment and repairs firm.

Edward Elvis Tumanako Harris, a 38-year-old labourer, and Fiona Jean Broadhurst, 33, were remanded without plea on the charge of receiving three jackets and two bags, worth more than $1000, and being reckless about whether they were stolen. Harris has also entered no plea to a charge of unlawful possession of a sawn-off .22 rifle.

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A Christchurch mother was pressured to try to smuggle drugs and tobacco into Christchurch Men’s Prison so that “nothing would happen” to an inmate at the jail.

Holly Gibson, 38, a cleaner who has the care of a child, pleaded guilty in the Christchurch District Court to a charge of bringing tobacco and synthetic cannabis into the prison.

Police said she had admitted having the items in her jacket when approached by Corrections Staff as she arrived to visit a prisoner on January 2. She had 160g of tobacco and 5.2g of synthetic cannabis.

Defence counsel Andrew McKenzie said the situation was “not uncommon”.

“She talks about being very strongly requested by an inmate to do that, and another party coming to her address with the package to deliver to the inmate, so that nothing would happen if she complied,” said Mr McKenzie.

He said it was common for someone to be put in this position so that there would be no repercussions for their loved ones in prison. She had been frank with Corrections staff when approached. She was not a serious smuggler and had now been banned from visiting all prisons.

Judge Gary MacAskill noted that she had been put under some pressure to deliver the items, and had owned up when asked about contraband. He imposed a $450 fine.

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A Hornby man was remanded on bail to get legal advice on charges relating to an alleged road-rage incident in Riccarton Road last week.

Sione Toutaiolepo, 45, was granted a registrar’s remand without having to appear before a judge at the Christchurch District Court. He is next due to appear on February 4.

Police allege he was the van driver involved in an incident with a truck driver on January 14.

He has entered no pleas to two charges of assaulting the truck driver using a vehicle as a weapon, and intentionally destroying a vehicle window belonging to the truck driver.

Police said the truck driver was left with minor injuries to his knees after the incident about 8.40am, near Clarence Street.

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A man was recognised after CCTV footage of him stealing two charity donation boxes from a St Albans café was posted on Facebook.

Brent John Davie admitted a charge of burglary in the Christchurch District Court today.

The Meshino Café owners posted the footage of the 42-year-old man smashing their front door and stealing the boxes for the Blind Foundation, and the City Mission, shortly after 2am on Christmas Day.

The police summary said Davie rode his bicycle to the café in Rutland Street. He used a crow bar to smash the door, and it was estimated a combined total of around $1500 was taken.

Judge Gary MacAskill remanded Davie in custody for sentencing on March 15, when he is already scheduled for sentencing on other charges.

Reparation is being sought for the damage to the front door of the café, and the money in the donation boxes.

Judge MacAskill asked for an up-to-date pre-sentence report.

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A man charged with stealing from Gun City made a rapid departure from the Christchurch Court House today, possibly after hearing that the police were going to try to get him locked up.

Christchurch District Court Judge Gary MacAskill issued an arrest warrant for James Edward George Jones at midday when his case was called for a first appearance and he was not present.

Duty lawyer April Kelland said the 31-year-old Selwyn man had been at the Court House and had been interviewed. She said she had filled out a legal aid application for him but he had since disappeared.

After being arrested, Jones was released on police bail and summoned to appear at court today, but it is understood that the police had decided they would make a verbal application to the judge for him to be held in custody.

Jones was arrested after Gun City owner David Tipple posted CCTV video online and asked for help to identify the person in the footage.

It was alleged that the man had arrived at the store with a woman on January 10, and had moved around the store before leaving about 15min later. The theft was discovered by store staff when they did a routine security footage check next day.

Jones is charged with stealing an ATN night vision unit valued at $18,000 from the store in Cranford Street, Papanui.

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A 25-year-old woman already on bail for fraud charges, used the bank cards of work colleagues and flatmates to take over $1600, bringing the total of her offending to more than $7000.

Tara Kimberley Fraser used a flatmate’s personal bank details online to download over $1159 worth of music, and rent DVDs worth over $133.

She also transferred money into her cell phone account, and onto her bus card, and bought from an online company.

At her next home, Fraser found a Warehouse card and bought lamps from their online service, and a workmate’s bank account details were used to transfer money into Fraser’s cell phone account.

In the Christchurch District Court, defence counsel Rupert Glover said Fraser, who cried throughout the sentencing, had been in custody for over four months and had learnt her lesson. He said she was willing to pay reparation. She had pleaded guilty.

Judge Brooke Gibson said he was sentencing Fraser on 14 fraud charges, and three charges of failing to attend the District Court when on bail.

He said most of Fraser’s offending occurred while she was on bail, and six arrest warrants had to be issued to get her to court.

She had previous convictions for obtaining by deception, and failing court orders, and would not turn up for probation meetings and reports, he said.

He sentenced Fraser to 14 months’ prison, and said she did not have a home detention address available, but he would not have granted it anyway because of her attitude of failing to comply with court directions. She also has to pay reparation of over $7500.

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A persistent roadway window washer has copped a $750 fine.

Gary Lee Cooper, of Redwood, told the police he was washing windscreens at the Northcote Road-Main North Road corner to get money to pay for his household power.

The 41-year-old has not come to the Christchurch District Court for his appearances for the Local Government Act prosecution but the case went ahead as a formal proof hearing today.

At a formal proof hearing, the police put forward details to establish the facts even where the person charged is not present and has not indicated a guilty plea.

Cooper had been charged in December with providing window washing services to stationary motorists in return for payment without the written authority of the Christchurch City Council, on August 18.

Police prosecutor Sergeant Paul Simcox said Cooper had been formally warned on July 17 for breaching the city council’s rules about commercial activities in a public place by washing car windows.

At 3.30pm on August 18, he was seen washing windscreens for cars stopped at the busy intersection in north Christchurch.

He admitted doing it, and said he had been getting money to pay for household power, Sergeant Simcox said.

The police said the city council had a public places bylaw which prohibited commercial activities without a counsel permit.

Bob McGregor and Sheryl Sutherland, Justices of the Peace, decided the police had proved the case and imposed a fine of $750 plus court costs of $130.

Mr McGregor noted it was the sixth time that Cooper had been charged with a similar offence.

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A 17-year-old denies an arson charge relating to a fire in the dunes at South Brighton that threatened several houses.

Jayvan James Simms, of Shirley, entered the not guilty plea before a registrar at the Christchurch District Court today.

The registrar’s remand meant that Simms did not need to make an appearance in court before a judge.

He was remanded on continued bail to appear at a Crown case review session on April 11. The case review is the next step on the way to trial.

Simms is charged that on November 30 he recklessly damaged vegetation by fire when he ought to know that it was likely to cause danger to life.

The vegetation, which is along the beachfront, is described as the property of the Crown.

The fire came within metres of houses and 12 families had to leave their homes until it was put out.

Simms appeared in court on that charge for the first time the day after the fire, and a week later he made another appearance charged with a breach of bail and unlawful possession of two .22 rounds.

Simms’ bail conditions have included reporting to the police, a ban on associating with another named person, and he has been blocked from going to Marine Parade.

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