An aircraft engineer caught shoplifting at two Wānaka supermarkets has been denied a discharge without conviction.
Melissa Catherine Brewster, 38, of Luggate, applied for a discharge on three charges of theft arising from incidents in 2020 and this year.
On April 16, 2020, the Canadian national paid for some of the items in her trolley at New World Three Parks, but left without paying for four items worth $220.
Three years later, on May 5 this year, she used the same method to steal a box of Stella Artois, worth $52, from New World’s Dunmore St store.
A week later she stole items valued at $357 from the same store.
A person discharged without conviction is guilty of the offences, but has no criminal record.
The judge must be satisfied the consequences of a conviction will be "out of all proportion" to the gravity or seriousness of the offence.
At a hearing in the Queenstown District Court on Friday, Brewster’s lawyer Annaliese Carlaw said convictions would have a "severe impact" on her employment and immigration status.
Her job meant she had to satisfy a "fit and proper person" test under civil aviation law, and convictions for dishonesty could jeopardise her employment.
Convictions would also put her status as a permanent resident, and desire to become a New Zealand citizen, in doubt.
The offending had been driven by Brewster’s personal circumstances at the time, Ms Carlaw said.
"She’s embarrassed about what’s happened, and wants to make this right."
She had no previous convictions, had admitted the charges and expressed remorse.
Prosecuting Sergeant Ian Collin said he was sceptical about the defendant’s explanation for her offending, especially given she had stolen alcohol on all three occasions.
The impacts of convictions on her employment and immigration status were matters best left to the relevant government agencies, not the courts, Sgt Collin said.
Community magistrate Ngaire Mascelle said the defendant had written to the court explaining that her offending had been driven by financial hardship.
Her husband’s construction business had "taken a hit", and the couple had received a demand from Inland Revenue to repay family support benefits after under-assessing her husband’s income.
Ms Mascelle said the Civil Aviation Authority would find out about the defendant’s offending regardless of whether she was convicted or not, "so the horse has bolted on that one".
She had been a permanent New Zealand resident since 2009, so the only impact on her immigration status would be a delay to her citizenship application.
"It would be inappropriate, given there’s no threat of deportation, for the court to usurp the role of the immigration authorities."
She convicted Brewster on all charges, and ordered her to pay reparation still owing of $220.39.
— Guy Williams, PIJF court reporter
