Jail imposed after botched home detention term
After being given a chance by a judge after admitting a gang stabbing in Linwood, Nathan Anthony Whelan has botched his home detention sentence and gone to jail anyway.
Probation sees the 24-year-old as an increasing risk with his offending escalating, and the home detention granted last March by Christchurch District Court Judge Jane Farish just did not work.
Last year, Whelan admitted stabbing a rival gang member twice in a confrontation outside McDonalds in Linwood. He stabbed the rival gang member after the victim had been abusive and thrown a drink at him. In the fight he cut the victim behind his ear and in the back, which needed stitches.
The judge granted him nine months of home detention after he admitted charges of wounding with intent, resisting police, and breaching community work.
She said the sentence would allow him to look after and bond with his soon-to-be-born baby.
He complied well at first, but at court today Judge Gary MacAskill said that in October there was a police Armed Offenders Squad call-out to the home detention address where a loaded shotgun was found.
It turned out that gang associates were visiting the address and their visits were likely to continue, so the address was ruled out for the rest of the sentence.
Trouble escalated for Whelan, when he was charged with breaching conditions of the sentence by visiting various address while on an approved shopping trip for groceries. He then failed to turn up for sentence.
He was caught for driving while his licence was suspended and failed to complete his community work imposed in place of unpaid fines.
Judge MacAskill noted his record included breaches of release conditions and community work, and aggravated robbery.
He imposed a seven-month jail term with a direction that he undergo psychological assessment, treatment and counselling as directed, and disqualified him from driving for six months.
Whelan has been in custody on remand for some months and may be eligible for release soon.
Category: News
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