Judge heeds man’s ‘genuine remorse’

A109 Light Utility Helicopter flight with mayor Gisborne City from the air in November 2023.

From a cultural perspective a man appearing in Gisborne District Court via AVL from Hawke's Bay Regional Prison had “no real sense of his own identity” and was “insecure, angry” and unable to manage issues in a “mature and healthy way”.

Thomas Grace, 33, was facing two charges of breaching a protection order, and separate charges of assault with a weapon and failing to answer bail. He was sentenced to 11 months imprisonment, but the court heard that taking into account time served, he would be released in about a month.

Counsel Leighvi Maynard told the court that his client had acknowledged from the outset that his sentence would be one of imprisonment.

He had been in what was described as an “on and off” relationship with the complainant for over 14 years, and they had four children aged three to 11. On November 19 last year Grace breached bail, which had been issued from Napier District Court.

He went to his partner's house in Atkinson Street after being out drinking, entered his partner's room and woke her up. When she asked him to leave he became verbally abusive. She locked him out and he left on foot once police arrived.

He was given bail on that matter but offended again on March 18 this year at the same address. His partner had left the front door open for the older children to access and she was woken by loud noises and him yelling, “Why don't you want me?”

He stood in the doorway and refused to let anyone leave, then picked up a piece of wood and hit her on the arm with it. He remained hostile and was arrested by police.

The court heard he had five previous convictions for breaching protection orders.

Mr Maynard told the court that Grace knew he should not have been in those situations; he did not have the capacity to deal with them.

“An assault with a piece of wood is undoubtedly of concern to the court, but looking at that offending as a whole it could be adequately described as moderately serious offending,” Mr Maynard said.

“In my submission it will warrant a starting point of 12 months imprisonment.”

He acknowledged there could be an uplift of two months for Grace's previous convictions, but submitted mitigating factors such as his early guilty plea, remorse and cultural background.

Grace's background included the death of both his parents when he was young and separation from his siblings. He was abused at the hands of his adopted parents, exposed to drugs and alcohol, and was exposed to violence and the normalisation of violence. His education was disrupted, which included being put through secondary school in a special needs class.

“He's been before this court for a long, long time, and these issues have contributed to his offending,” Mr Maynard said.

He read from a letter Grace had written, saying he was willing to do the work he knew he needed to do, had reflected on his actions and wanted to “be a better partner and a better father”.

Judge Warren Cathcart fixed a sentencing starting point of 20 months imprisonment. He acknowledged Grace's intentions to change and the disruption his upbringing had caused.

“That's good, that's healthy — you have that ability to change and recover. It's really up to you whether you use those positive moments to do something good.

“The letter you wrote satisfies me you are genuinely remorseful for what you have done; I think you've been able to think it through and regret what you've done.

“You're still a young man and all that future ahead of you. I give a substantial discount for those background circumstances.”

But in passing sentence the judge warned Grace that he could not keep offering those excuses again and again.