Dunedin District Court
SENTENCES imposed by Judge Kevin Phillips in the Dunedin District Court yesterday were. —
David Rex Williams (61), of Dunedin, drinkdriving, 964mcg (crossed center line in Neville St; pulled into driveway of someone unknown to him to avoid police, found short time later at back of the property; in explanation said driving a friend home), about 10.40pm, May 6, eight months’ home detention, with conditions including not to possess or consume alcohol or illegal drugs (six months’ postdetention conditions), disqualified 28 days (alcoholinterlock and zeroalcohol licence provisions to follow). Counsel Anne Stevens QC said Williams had 11 previous drinkdrive convictions, a sevenyear gap since the last; ‘‘has made very real connections in recent years . . . has the stability he did not as a child and during his formative years . . . has had a successful eightweek period of abstinence, his longest ever’’. Judge Phillips said Williams had done ‘‘ just enough’’ to persuade him to give him the opportunity of home detention, told him ‘‘you need to be totally abstinent really for the rest of your life’’.
Benjamin Caleb Flesher (28), sentenced prisoner with release date February next year, breaching protection order (sent text messages amounting to psychological abuse of protected person), about 8pm, November 18, six months’ jail (concurrent with term being served). Counsel Rhona Daysh said the offending predated Flesher receiving a twoyear prison term in April; he was deeply remorseful for the offending, ‘‘has no excuses . . . says he had been drinking at the time’’); Flesher acknowledged two previous breaches of the order, one in 2018, the other in 2019.
Paul James Fryer (52), of Dunedin, unlawfully having knife with him in public, and three charges of threatening grievous bodily harm (Fryer moved back in with his former partner during lockdown, victim of the threats a 48yearold man — former partner of Fryer’s former partner; two threats by text message to the victim, the other threat a text message to his partner in which he threatened to stab the victim), between May 1 and 27, overall penalty 100 hours’ community work, nine months’ supervision. Counsel Ann Leonard said Fryer had a severe head injury as a result of a car accident 30 years ago, also diagnosed with bipolar disorder, unwell at time of the offending, not in court for 10 years. Judge Phillips said support from Brain Injury Otago for various issues reflected in Fryer’s lack of convictions for some years now.
Durand James Perry (50), of Ravensbourne, possessing offensive weapon (knife) in circumstances showing intent to use it to commit an offence involving the fear of violence, about noon, February 8, nine months’ intensive supervision (with threemonthly judicial monitoring). Counsel Steve Turner said the offending was in the context of deteriorating mental health, Perry presenting in disturbed way at the time, now back on his medication and back on track. His last violence matter in 1991. Judge Phillips noted the victim, a woman known to Perry, felt very frightened by what occurred; made a protection order in her favour.
Oscar O’Neill (21), apprentice builder, of Dunedin, stealing five fishing rods, total value more than $500 but less than $1000 (went to victim’s address wearing cap and with hood up over his face in attempt to conceal his identity, took five fishing rods stored on front porch, walked to his parked ute, put fishing rods in open tray, drove off, located by police soon after; in explanation said he stole the fishing rods as he was upset the victim had sold him a faulty cannabis tinnie), about 12.50am, July 2, 40 hours’ community work. Counsel John Westgate said O’Neill had now stopped smoking cannabis and ceased all contact with the people who owned the fishing rods, they were returned almost immediately, ‘‘he says it is a oneoff . . . he has learned his lesson’’.