KEY POINTS:
A young man who stole more than $9000 from his sick grandmother's bank account "betrayed a fundamental trust", a judge said in Tauranga District Court today.
John Neil Baker, 26, was appearing for sentence before Judge Peter Rollo.
Baker admitted in May that he had accessed a computer for dishonest purposes and the case was adjourned to give him time to make amends.
However, the court heard that Baker had only paid back $1050 of the $9650 he had transferred into his personal accounts between January 11 and March 17 this year.
Prosecuting, Sergeant Sean Brennan opposed a request from defence lawyer Bill Nabney for a discharge without conviction.
Judge Rollo agreed, saying he might have considered a discharge had Baker made more effort and paid back more of the money.
Told the defendant had struggled to get employment, the judge said: "There is certainly work out there. You haven't tried hard enough."
According to Mr Nabney, his client had nine hours a week in a retail job and was hoping to increase that, as well as getting a second job.
Conceding the offence was "mean", Mr Nabney said it was "a family matter".
Baker had been too embarrassed to front up to his grandmother, although he had written her a letter of apology. His mother was acting as go-between, Mr Nabney said.
The court heard that the victim, who was in ill-health, had asked police to drop the case after finding out who was responsible for siphoning her savings.
Baker had put $500 in her letterbox with a note expressing the worry he would go to jail.
"You helped yourself to your grandmother's money," said Judge Rollo.
"It has obviously been a distressing situation for her and for your mother particularly."
He sentenced Baker to 150 hours community work, saying it might give him "practice at working".
He also ordered the convicted man to pay back the outstanding balance of $8600 at $50 a week.
Baker confessed to police that he had spent the money on his young son and family because he was not working.
- NZPA
