A burglar who struck a 72-year-old rural Canterbury resident
with a fence paling when he was trapped at the crime scene
was jailed for three years at his sentencing in Christchurch
District Court today.
Jonathan Selwyn Bevan Ellis, 19 and unemployed, admitted
having gone prowling with two friends looking for rural
properties to raid.
They had loaded tools from a shed into their car at an Ohoka
property, near Christchurch, when the householders found them
and took their car keys and blocked in the car.
Ellis picked up a fence paling that was lying in the
farmyard, defence counsel Michael Starling told the court.
"Realising he had been caught in the act and the car blocked,
he panicked and wanted to leave without being arrested. He
picked up the fence paling and hit one in the legs and one in
the arm," he said.
They were struck with the flat side of the paling but there
was a lot of bruising.
Mr Starling said Ellis had a partner and a two-year-old child
and was sorry for his offending. He had written a letter of
apology.
But Judge Graeme Noble said he preferred the probation
officer's assessment at the pre-sentence interview that Ellis
showed no remorse. He noted that he had a partner and child.
"If you were concerned about their welfare, one wonders what
you were doing out offending in this way in December."
The 72-year-old man who was struck had fortunately suffered
no physical harm.
"Understandably he is now very concerned with aspects of
security around the farm and protecting himself and his
family from the predations of people of the likes of you.
"This was a nasty, premeditated and violent incursion into an
elderly person's property for the purpose of stealing," said
the judge.
Ellis had been offending for three years and had 17 previous
convictions including two for violence, one for possession of
an offensive weapon, and three for breaches of
community-based sentences.
Ellis had pleaded guilty to the charge of aggravated
burglary, theft of $150 cash, and intentional damage of a
vehicle. Judge Noble cancelled an earlier sentence of
intensive supervision and a 200-hour community work sentence
- Ellis had done only 30 minutes of it.
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