Alcohol fuelled home invasion

Last updated 05:00 20/11/2009

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A woman's allegation there were naked photographs of her on a cellphone was revealed in the Gore District Court yesterday as the motivation for a home invasion and assault on two men.

Bryce Roy Milne's motivation for the attack on June 28 was entirely misplaced, Judge Mary O'Dwyer said when sentencing the labourer on charges of assault with intent to injure, assault and intentional damage.

Defence counsel Paul Gray said Milne had been drinking spirits and in a car driving around when a woman told him there were nude photographs of her on a cellphone and the phone's owner had refused to delete them.

The 22-year-old had gone to the Gore house and attacked one man as he lay in bed, punching him six to 10 times in the head and face. When a flatmate intervened, Milne punched him before being restrained, the court was told.

Milne was bundled out of the house but had tried to get back in to continue the assault, damaging a door in the process.

Mr Gray said Milne was aware of the seriousness of the assault and even before this incident had tried to address his alcohol problem by self-referring to the Gore counselling centre.

"He's horrified at his actions and wants to turn his life around."

Milne could immediately pay $1500 to the victim, who was treated at hospital, Mr Gray said.

Judge O'Dwyer said the fact it was a home invasion and a sustained attack were aggravating factors.

The emotional effect on the man who was hospitalised had been traumatic, in the short term and long term, she said.

In many respects Milne was a young man of good character who made a contribution to the community and to his credit, had realised alcohol was a major destructive force in his life, Judge O'Dwyer said.

The starting point for this type of offending would usually be 12 to 18 months' imprisonment. However, she had been persuaded that community detention was an appropriate sentence. There was a risk that home detention would draw Milne back into a negative social group, she said.

She also took into consideration the $1500 emotional harm compensation, which Milne had agreed to pay immediately, Judge O'Dwyer said.

Milne was sentenced to six months' community detention, with a curfew from 7.30pm to 7.30am, seven days a week, and nine months' supervision. He was ordered to pay $1500 emotional harm reparation and $612 reparation for damaged property.

Assault
Hone Te Aroha Adams, 26, a driver, of Mataura, was convicted of assault on July 21 and ordered to come up for sentence in six months if called upon.

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Theft
A 64-year-old Southland woman was fined $200 for stealing a book from H & J Smith, in Gore, on December 10 last year. She was granted final name suppression.

- © Fairfax NZ News

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