‘Colourful type of shoplifting’

Press, 5 August 1981, Page 4

‘Colourful type of shoplifting’

A man who was said by Judge Paterson in the District Court yesterday to have committed, a “rather colour-* fuL and' flagrant type of offence" — shoplifting $250 worth of clothing while on the way to a court appearance — .was sentenced to five months periodic, detention for three offences. The defendant. Lewis Mihinui (Mr D. J. Taffs) aged 32. was- appearing for sentence on a charge of stealing ?250 worth of clothing and a bag from Farmers-Hay-wrights store, while on his way to a court appearance on April 28. and two charges bf taking documents. Social Welfare -benefit orders, to obtain ! a, pecuniary advantage. ;

In addition to periodic detention he was aiso placed on probation for 17 months, with a special condition being that he undertake assessment for alcoholism, and'such treatment and counselling as directed.

The defendant had denied the theft charge, and at the hearing last month the. defence case was that he was so intoxicated:,that, he cpuld not have formed the intention to steal the items.

However, the Judge had held, in convicting the. defendant. that he was not sufficiently drunk as to raise even a reasonable doubt that he could form the ’ mental intention to steal. He said the defendant’s drunkenness might well be a factor in mitigation of the offence. In his submissions in mitigation yesterday. Mr Taffs said in regard to the benefit cheque offences that the defendant’s own benefit cheques were late and he had notified the department but nothing had happened. He had then taken the cheques from a neighbouring house. They were in his possession when police called.

Mr Taffs said the defendant had shown “crass stupidity" in stealing the clothing

while on the way’ to a depositions hearing in the District Court. f

He said the defendant suffered social inability, - and had a bad alcohol problem.

Mr Taffs asked that a sentence of periodic detention be imposed, and probation'so that a programme of treatment for alcoholism could be imposed, to assist his rehabilitation.

.The Judge said the defendant had a record of offences going back 10 years. He showed ’ little sign. of being able to survive in the commmunity, socially or economically, without considerable help.. His heavy drinking problem was “counter-produc-tive" to his rehabilitating himself.

The Judge said he would give the defendant another chance on periodic detention in spite of his lack of enthusiasm for a communitybased sentence previously.