Douglas John Paora Ward
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NZ Lawyer 20th December 2006
A 21-year-old woman was jailed for three years yesterday for her part in a Mt Maunganui burglary where the householder was viciously attacked with his own samurai sword. When she appeared for sentence in Tauranga District Court, single mother Kahlone Boyd of Hastings got an extra six months behind bars for nine further crimes she committed while on bail for the burglary.
They included aggravated assault on two Hawke's Bay police officers, whose faces she spat in. "I regard spitting as being a very serious form of assault," said Judge Thomas Ingram. "The psychological effects of that are quite considerable in my opinion." He acknowledged that Boyd (also known as Wehi) was not involved in the aggravated wounding of a Mt Maunganui businessman who arrived home just as she and two associates had ransacked his house. Boyd warned her co-offenders that the owners had turned up and got into the car loaded with stolen goods, ready to leave.
Earlier this month, Douglas John Paora Ward, 26, of Papamoa, was locked up for eight years, with a minimum non-parole period of four years, after what sentencing judge Michael Crosbie described as offending "as serious as it gets short of death." He faced counts of aggravated wounding, burglary and unlawfully taking a motor vehicle. When the property owner arrived home and blocked the burglars' escape route, Ward attacked him with one of several stolen samurai swords, knocking him on to the concrete driveway, stepping over him and taking his late-model Jaguar car.
The 48-year-old victim suffered serious head injuries with at least three skull fractures, had to have his left ear reattached by surgeons, and had cuts to his neck. Ward and Boyd entered guilty pleas but their co-offender, Teresa Florence Potae, 21, unemployed, of Papamoa, will stand trial. Members of Boyd's family sat weeping in the back of the court yesterday, although her two sisters occasionally switched to sniggering at some parts of the evidence concerning the Hastings offending.
Boyd's two-year-old daughter had to be taken from the court when the judge entered because of her continual excited squeals of "Mummy." The October 4 burglary was the most serious matter "by a substantial margin," Judge Ingram said. Bailed to a Hastings address on remand, and suspended from driving, Boyd refused to stop for police a few weeks later. When pulled up, she was not wearing a seatbelt, her child was in the car, she gave false details and swore at police. A breath test showed a reading of 658mcg of alcohol.
Boyd struggled, refused to hand over the baby, became abusive and spat in the faces of two officers. In the patrol car, she sprayed a full bottle of soft drink over the interior. Lawyer Tony Balme entered guilty pleas on her behalf to the nine offences he said Boyd committed "in a matter of minutes," acknowledging her behaviour was irresponsible. But he disputed part of a report outlining the effect her spitting had on the officers. Judge Ingram: "I accept there can be worse assaults on police with weapons, but surely spitting is a lot worse than punching?"
In their victim impact reports, the officers regarded being spat on as disgusting and were fearful about communicable diseases, he said. " They accepted that in the course of duty they would be assaulted from time to time, but one who had previously been stabbed said the spitting was worse." Judge Ingram said Boyd had been before the courts nine times since 2001 and had limited insight into her own offending. She was reluctant to attend counselling to address her alcohol problems. "You now apparently wish to apologise.
I have to say your remorse has been expressed at the last possible moment in the whole process." He sentenced Boyd to a total of three and a half years in jail. She got three years for burglary, six months for assaulting police and one month each for wilful damage, resisting arrest, excess blood alcohol and driving while disqualified, the lesser sentences to be served concurrently. On counts of failing to stop, giving false details and refusing to accompany police, she was convicted and discharged.
Leave to apply for home detention was declined.
Date of Birth
Aggravated wounding of a Mt Maunganui man with a sword in the course of a home invasion
Unlawfully taking a motor vehicle
Three Strikes Status
Sentenced to 8 years with a 4 year minimum non-parole period in December 2006
Eligible for parole October 2010
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OFFENCES / CONVICTIONS
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