Man convicted of theft for internet use at work

A man has been convicted of stealing for inappropriately using the internet at work.

Whangarei District Court heard Daniel Davies, 40, downloaded pornography and music videos while using a computer at the Poster Faktory in the town.

Davies, who was sacked from his job, was yesterday convicted of theft and ordered to pay $130 court costs.

Davies' lawyer, David Grindle, said the theft was similar to an employee using a company telephone for a personal call or a company car for personal use after work hours.

He asked Judge John McDonald for a discharge without conviction, saying a theft conviction would be a barrier to Davies' work as an alarm technician.

Alarm technicians were required to have a security licence, but applicants with dishonesty offences within five years would be granted licenses only in special circumstances, Mr Grindle said.

Davies also admitted possessing a small amount of cannabis and a cannabis pipe, which police found in his home when investigating the theft charge.

He was fined $150 on each count and ordered to pay $130 court costs.

With the dishonesty and drugs convictions combined, it would also be "extremely doubtful" Davies could travel to the United States and Canada to visit family members, Mr Grindle said.

"The consequences of a conviction are out of all proportion to the gravity of the offences."

Judge McDonald declined the request, saying the offending was theft from the employer and was serious.

"I take into account the principal thing would be the difficulty in obtaining a security guard's licence but I consider it is that body that should (make that decision), not this court," the judge said.

He did not consider that minor drug and theft charges would be a barrier to Davies' future travelling.

On sentencing, the judge took into account Davies' guilty pleas for the drug charges, and the fact Davies had to wait many months before another judge made a decision on the theft charge, which breached the Bill of Rights.

Mr Grindle said the Poster Faktory had earlier deducted $205 from Davies' pay for the internet usage, but it had not been proven he actually used that much.

- NORTHERN ADVOCATE (WHANGAREI)