Jail term for shop veranda escapade

Dunedin District Court. Photo: ODT files
Dunedin District Court. Photo: ODT files
The prospect of returning to prison sparked an "explosive" reaction from a man who asked police if they wanted to "rumble" and smashed up a probation office.

Anthony Daniel Jossy Grace (41), of Dunedin, was released from prison in January, but breached his curfew, a condition of his release, on July 25, the Dunedin District Court heard yesterday.

He reported to the Dunedin Central Probations Office in Stuart St four days later, where he was served a breach notice and told he was going into custody.

That was where things quickly turned sour.

Grace clenched his fists and asked police if they wanted to rumble, according to the summary of facts.

One officer believed he wanted to fight them, and drew their Taser.

Grace then picked up a chair and threatened to use it against the officers, who left the room in an attempt to defuse the situation.

It did not work. Grace smashed a large external window and climbed out on to a shop veranda, where he paced back and forth while yelling, "Probations has failed me".

He then climbed on to a fire escape attached to a neighbouring building and tried to open other windows, but to no avail.

Then he attempted to slide down a street light pole, at which point police re-engaged. Grace eventually agreed to accompany them back to the police station.

Once in custody, he removed his electronic monitoring device and threw it into a toilet.

Counsel Pete Tuala said the officer pulling a Taser triggered his client’s post-traumatic stress disorder.

He said his client smashed the window because he felt trapped in the office, and wanted to get some air.

As for destroying the electronic monitoring device, Grace felt that it had to come off anyway, as he was going back to prison, Mr Tuala said.

Grace was "extremely embarrassed and remorseful about the entire situation," he said.

Judge Emma Smith said Grace’s explosive actions were violent, intimidating, and frightening for all involved.

He had a list of convictions 13 pages long, and had spent long period of his life in prison, she said.

However, she was impressed with a letter of apology he wrote, in which he said he was disgusted with himself and accepted responsibility for his actions.

The starting point for his sentence on two charges of breaching his release conditions and one charge of wilful damage was 10 months in prison, which was increased by three months due to aggravating factors.

He got discounts for his guilty plea, remorse and rehabilitation prospects, the final sentence being eight months.

daisy.hudson@odt.co.nz


 

 

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