A lone service station attendant barricaded themselves inside the petrol station after a homeless man who often begged outside threatened to kill the worker.
The same man later used contactless payment cards he had picked up to buy tobacco and other items, and splashed a woman’s feet with urine while relieving himself outside business premises just 40m from a public toilet.
Jason McCutcheon was among a clutch of Nelson’s homeless people described by a judge as “friendlier” than those in other cities, but that didn’t mean he wasn’t a nuisance.
The series of offences committed from late last year through to earlier this year, and for which he was sentenced in the Nelson District Court this week, included threatening to kill, speaking threateningly, using a credit card for a pecuniary advantage and excreting in a public place.
Judge Tony Snell said McCutcheon’s offending occurred against a backdrop of recognised mental health issues and a range of difficulties, including homelessness.
However, he said McCutcheon’s behaviour was affecting people and their wellbeing.
“In a multitude of ways, he is harming the community and I need to give some security to the community, or the court can try dealing with him holistically and keep him in the community,” Judge Snell said.
The most serious and lead charge on which McCutcheon was sentenced to 150 hours’ community work was threatening to kill the service station worker.
The court heard McCutcheon had previously been sentenced to supervision for disorderly behaviour and, as a condition of that sentence, was required to stay out of Nelson’s CBD.
McCutcheon had been begging outside a petrol station but went inside to purchase items one night.
He threatened violence towards the attendant, who was working alone.
After McCutcheon left, the worker locked the station’s doors and barricaded themselves inside.
The two charges of using a credit card for a pecuniary advantage followed his purchase of items, including tobacco, with contactless payment cards people had dropped, and which McCutcheon had picked up.
Another incident involved McCutcheon urinating against the back door of business premises.
A woman leaving through the door was splashed with urine when she opened it.
Judge Snell described the incident as a “sad episode”, noting it happened a short distance from a public toilet block.
He said McCutcheon’s latest offending added to 23 previous convictions, including for dishonesty, offensive behaviour and speaking threateningly.
A probation officer told the court that despite being homeless and “not wanting to accept help with housing”, McCutcheon had a positive history of reporting to Corrections on time, “sometimes earlier and more often than required”.
Nelson’s homeless community ‘friendlier than others’
Judge Snell said the homeless community in Nelson tended to be “much more friendly and less aggressive” than in other areas of the country.
“All communities have their Mr McCutcheons,” he said.
McCutcheon’s lawyer, Josh Friend, said his client had recognised mental health disorders but engaged positively with Health New Zealand Te Whatu Ora Māori mental health services.
Friend said much of the offending reflected a tendency to be “loose lipped” when people asked him to move on from areas around the city where he chose to spend time.
Judge Snell said he “might be loose with his mouth” but his comments were taken seriously by others.
He said McCutcheon needed to know he was “making a real nuisance of himself” and that he had good support available and was compliant to some degree but “only when it suited him”.
The judge said that sooner or later, the only option would be to lock him up.
From a starting point of 180 hours’ community work on the threatening charge, Judge Snell reduced the sentence by 30 hours to reflect McCutcheon’s guilty pleas.
He was also sentenced to 50 hours on the intimidation charges, to be served concurrently.
On the charge of urinating in a public place, he was convicted and discharged.
