The man accused of driving a stolen vehicle into the front of two Thames businesses will now have his sentencing handed down in Pukekohe.
He was meant to be convicted in Thames back in February, but after a raft of other charges were brought to the presiding judge’s attention, the case could not proceed.
Judge Noel Cocurullo faced the same problem when the man appeared again at the Thames District Court on March 17.
He said there was a “fundamental problem” with the sentencing indication handed down by Judge Geoghegan on January 20 – in that the judge was not made aware of a raft of other charges against the accused from Manukau Court, including burglary and arson, intentional damage, carrying an imitation firearm, failure to provide information, driving while disqualified, and resisting.
“Judge Geoghegan gave a sentencing indication and no one had a clue about the South Auckland charges… In fact, Judge Geoghegan’s sentencing indication is very much on the basis that [the man] was a first offender for burglary, when he wasn’t, and the only person who knew he was in fact pleading guilty to a burglary in South Auckland was [the man]. No one else knew.”
In that case, allowing the earlier sentencing indication to stand would be “quite wrong” and Judge Cocurullo said the court system relying on paper could be to blame for the surprise charges.
“One might argue that, because in 2023 we still operate on paper, that is the simple reason,” he said. “If [the man’s] charges had come up on screen, they would have been right before [Judge Geoghegan’s] very eyes.”
Earlier, the court heard how on the evening of August 9, 2022, the man allegedly entered a rural address in Pukekohe and gained entry to a Mitsubishi Triton ute parked in the driveway.
He took the vehicle and drove to a service station in Maramarua, using the victim’s paywave to put $149.29 of diesel into the car.
He then drove to Thames.
At some point, the man allegedly put on three sets of gloves and partially concealed his face before driving the stolen vehicle at speed into the front of Sunburst Cafe along Pollen St.
He reversed the vehicle and drove again, at speed, into the front of Thames Jewellers.
The ute became stuck, half inside and half outside the store.
The man left on foot and was subsequently arrested and searched; a meat cleaver was found on his person.
At the time, the man offered no explanation for his offending.
Judge Geoghegan’s sentencing indication from January 20 was thereby withdrawn.
The man was offered the opportunity to vacate his guilty pleas to the charges set before him during that indication, but chose not to.
He will now await sentencing at Pukekohe District Court in May.
