Man who barred police to wear electronic bracelet

18:50, Jul 23 2012

A man who in effect barred the entire police force from his property has been sentenced to wear an electronic anklet, so officers don't have to knock on his door to check where he is.

Aubrey Toheriri, 23, was being "aggressively monitored" by police while on a night-time curfew as a condition of his bail on charges of assault and theft.

But while Toheriri was a heavy sleeper, regular police checks on his home in Miramar were disrupting the sleep of his mother and niece.

So his lawyer, Douglas Ewen, took the unusual step of revoking the "implied licence" for police to enter his property at night. It meant police would be trespassing if they went to the house except under an express legal authority for some purpose other than to check the curfew.

Since the implied licence was revoked, Toheriri's bail condition was changed to a "reverse curfew", under which he was not to be found away from home during the hours of the curfew.

He will wear an electronic anklet to make sure he is at home 7pm-7am during the two-month community detention sentence imposed in Wellington District Court yesterday.

He also has to undertake 12 months' intensive supervision and pay $200 reparation to the victim of a theft and assault by Toheriri and a friend in Cuba St, central Wellington, on January 20.


The Dominion Post