Court deals with post-quake looters

File photo / Greg Bowker

Two 17-year-old youths who raided a cafe through an insecure door the day after Christchurch's earthquake have been ordered to do 80 hours of community work.

Judge Phillip Moran refused to grant the pair discharges without conviction at their sentencing in the Christchurch District Court yesterday, the Christchurch Court News website reported.

He said the pair had not deliberately gone out looting, but had taken advantage of the situation when they found a door open at a cafe in Wrights Road, Addington, as they cycled past at 10.15pm.

Dylan John Palmer and Deon Mathew Rich had admitted the burglary, and Palmer also admitted possession of a pipe for smoking cannabis.

Counsel for Rich, Patrick Phillips, and for Palmer, Lee-Lee Heah, both argued that the consequences of burglary convictions would far outweigh the gravity of the offending, for what was described as "a youthful indiscretion".

Mr Phillips said the burglary conviction "could be described as an albatross around the neck" of his client.

The pair had taken soft drinks from the Milieu Cafe and had been caught by the police as soon as they left the premises.

The lawyers argued that although it was the day after the earthquake, the burglary was of insecure premises and there was no suggestion they had been damaged in the quake on September 4.

The offence was described by another judge as being "earthquake-related" when the pair made their first appearances in the Christchurch District Court on September 6.

The police also stuck to their position at the sentencing, saying there was an inference that the premises were insecure as a result of the earthquake.

Judge Moran refused the discharge, saying: "Burglary is a serious crime. Not only were these commercial premises burgled by night but it was the day following the earthquake when commercial premises and residential properties were insecure."

Ordering them to do the 80 hours of community work, he told them a discharge would be "entirely inappropriate" and would send the wrong signal to the community.

Judge Moran gave looter Shannon William Johnson, 20, a mechanic, six months of home detention at a St Albans house for a raid on an Avonside Drive property on the day of the quake.

He and a co-offender entered the property, which was uninhabited because of earthquake damage, about 8.30pm on September 4 and did an untidy search of the premises, filling a bag with property.

The householder came home to check on the property and called the police when he found intruders there. They were caught nearby.

"Burglary by night, taking advantage of people whose home has been damaged - that's got imprisonment written all over it," said Judge Moran. "You should be thoroughly ashamed of what you did. I'm sure you are."

He described it as a nasty burglary. "You are going to have to live it down."

He ordered Johnson to attend a rehabilitative programme as well as doing the home detention.

- NZPA