‘He needs intensive supervision’
Defence lawyer Rob Quin accepted the pre-sentence report was “somewhat mixed” but it did recommend a sentence of intensive supervision and that’s what he urged Judge Marshall to hand down.
“Given the level of the assaults and his history, and I have to accept there are some relevant matters there. It’s been just over five years since the most recent one.
“Intensive supervision is certainly required.”
Potae had been on bail for just over a year without any issues and had stayed away from the victims, Quin said.
‘You’re going to jail today'
Judge Marshall noted Potae’s previous convictions and lack of engagement with the pre-sentence report writer.
“You said it was the department’s fault you were there and you appeared angry during the interview.
“You didn’t consider you needed any rehabilitation and that the whole thing had been blown out of proportion and exaggerated.
“You said the backhander on your daughter was only a little tap and she knows how to handle herself anyway.”
Potae said he also knew his own strength and “how much force to use without inflicting harm”.
He refused an electronically-monitored sentencing option but Judge Marshall said Potae was “past that” anyway.
“The court has tried community-based sentences with you in the past.
“Supervision as recently as 2020 and nothing really has changed.
“You say you know how much force to use without harming people but certainly your daughter and partner will know otherwise.”
The victims wanted him to get help but Potae didn’t believe he needed any.
The court would at some stage consider a prison sentence for his behaviour “and that day is now today”, the judge said.
“I do not consider that if I impose a community-based sentence that you would comply with it.
“I’m of the view that this matter needs to be marked with a sentence that will hold you accountable and deter you from offending in this way in the future.”
On charges of ill-treatment of an animal and two charges of assaulting a person in a family relationship, Potae was jailed for nine months.
Belinda Feek is an Open Justice reporter based in Waikato. She has worked at NZME for 10 years and has been a journalist for 21.