Sandwich smuggler hauled before court

Photo / Thinkstock.

A hungry recovering drug addict has appeared in court for smuggling a cheese sandwich into his community work centre.

Robert James Burns, 32, pleaded guilty in the Tauranga District Court to failing to abide by the rules of his community work sentence.

Burns was struggling to manage with the Mt Maunganui centre's ration of one cheese sandwich for morning tea and noodles for lunch, and so brought in extra supplies, the court heard.

Bringing in food is a breach of the rules, which are explained to everyone during their induction into their sentence. Other items not allowed include cellphones.

Burns' lawyer, Viv Winiata, told Judge Peter Rollo that Burns wanted to move to Australia next month to start a new life and, given the nature of the breach, he urged the judge to take a lenient approach in his sentencing.

Mr Winiata said Burns accepted that he broke the rules but, as a recovering drug addict, he needed to keep his food intake levels up.

He said the morning tea fare of two slices of bread with cheese inside and two-minute noodles for lunch was insufficient for him.

Burns was serving a sentence of 50 hours' community work at the time of the breach.

Mr Winiata said Burns had since completed all his hours within two weeks and, given the circumstances, a fine, or a conviction and discharge, would seem appropriate.

Judge Rollo disagreed but said he was prepared to defer Burns' sentence for six months. That meant that if the defendant paid the $132.89 court costs and stayed out of trouble, that would be the end of the matter.

But if he reoffended in any way he could be called up to be resentenced on the charge, Judge Rollo said.

A Community Probation spokesman said there were good reasons for the rules, particularly as drugs or other contraband could be brought in with food.

The contraband rules were also intended to reduce friction between attendees.

- APN