Attack prevented by live video call

Photo: ODT files
Photo: ODT files
An attack by an enraged Dunedin man was thwarted when he realised he was being captured on video, a court has heard.

Nick Whalley, 35, appeared in the Dunedin District Court yesterday after earlier pleading guilty to assault in a family relationship, breaching a protection order, cultivating cannabis and possessing cannabis for supply.

The court heard that on December 14, last year, the defendant’s partner was on a video call to her brother and his partner.

During the call, Whalley became angry, walked into another room and damaged a television.

This caused an argument between him and his partner, during which the defendant became "enraged".

He pushed the woman on to a bed, prompting her to yell: "I’m on camera, I wouldn’t, I wouldn’t".

Whalley realised the video call was still active and walked away.

A few days later, police searched the defendant’s house and found two air rifles — one under his bed and the other behind the garage door.

Whalley was subject to a protection order which included a condition not to possess weapons or firearms.

Also in the garage were four mature cannabis plants growing under LED lights in a tent.

A large container and sealed snap-lock bags of cannabis and about $5000 in cash were also found at Whalley’s house.

Yesterday, Judge Emma Smith said she was concerned by Whalley’s extensive criminal history.

"You’re a young man who has a propensity for violence," the judge said.

Counsel Karlena Lawrence said the defendant had a good job, had "turned a page" and his partner now had a safety plan in place.

She argued for an electronically monitored sentence so Whalley could continue prioritising his work and family.

Judge Smith imposed six months’ home detention and ordered him to pay court costs of $148.

She ordered the cannabis to be destroyed and the cash to be forfeited to the Crown.

felicity.dear@odt.co.nz

 

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