Home detention for assault, weapon

A man who moved south in an attempt to leave a life of drugs and offending behind him, was sentenced to home detention in the Oamaru District Court yesterday.

Robert Jon Allan (36), now of Oamaru, had previously admitted and been convicted on six charges, which included possession of a restricted weapon, two counts of possessing ammunition, a summary offences assault, escaping police custody, and driving while disqualified (third conviction).

The court heard how on May 13, last year the defendant was at an address in Mangawhai, Northland, in his car.

Police arrived and the defendant left on foot when he saw them.

The police searched the defendant’s car, and found a Ramset home-made gun, 36 live 0.22 rounds, 11 blank 0.22 rounds, and three live 5.56mm rounds.

The defendant told police the weapon and ammunition belonged to him and were for his protection.

In another incident on July 7 last year, the victim and the defendant’s sister were outside a Mangawhai bakery.

The victim and the defendant were in a relationship at the time.

The defendant was about 20m away, in the victim’s vehicle, when he started to verbally abuse her, causing members of the public to become concerned.

He walked over to her, and hit her across the head with an open hand, before snatching a cigarette out of her mouth.

He was then heard threatening her, saying "you just made it worse for yourself", before walking away.

When being searched the next day, prior to being taken to court, two .22 rounds were found in his pocket.

On June 23 last year, police in Pukekohe stopped the defendant’s vehicle, and arrested him on an active warrant for driving while disqualified (third or subsequent).

He ran from his car, and away from police, but handed himself in a short time later.

Defence counsel Michael de Buyzer said his client had moved south in late July to dissociate himself from previous influences and relationships.

He had a friend in Oamaru who had encouraged him to move, and he had not come to the attention of the police since then.

He had also stopped using methamphetamine and other drugs.

Mr de Buyzer submitted that, while the charges were serious, they were all at the lower end of the scale, and a pre-sentence report in March recommended an electronically-monitored sentence.

Judge Dominic Dravitzki said he agreed with Mr de Buyzer’s submissions, and thought a sentence of home or community detention was appropriate.

Allan was sentenced to three months’ home detention, and ordered to undertake drug and alcohol assessments as ordered by Probation.

He was also ordered to complete any special conditions put in place, for six months after his home detention was complete, and disqualified from driving for a further 12 months.

Destruction of the weapon and ammunition was also ordered.







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