Stress made civil servant offend, judge rules

Psychological stress made a prominent Northland civil servant commit four fraud offences.

But naming him would cause suffering that far outweighed the offending, a judge has ruled.

The man appeared for sentencing in Kaikohe District Court yesterday. He had previously pleaded guilty to four charges of using a document for pecuniary advantage - a form of fraud that carries a maximum term of up to seven years' jail.

The offences were committed between July and October last year. On four occasions, the man took a price sticker from a cheap bunch of flowers at a supermarket and put it on a more expensive bunch before going through an automatic checkout.

The total amount defrauded was less than $100.

After a lengthy explanation, Judge Barbara Morris ordered the man be discharged without conviction, meaning he will have no criminal record. Media were permanently banned from revealing his name, former occupation, including the government department he worked for, and any details that could identify his family.

Judge Morris said the charges were at the "trivial end of criminal offending" but the fact it happened four times had made it worse. The man had no previous convictions. She described the offending as "unfathomable" compared to what he had to lose.

While she would not elaborate on a psychologist's report, she said the offending was a result of long-standing issues that led the man towards risk-taking for distraction.

The judge said the chance of reoffending was nil.

"He has lost his job, income, at the moment his career, and is tentatively holding on to his family.

"He has fallen from grace into a very large hole. He deserves a chance to climb out of that hole."

The consequences suffered were out of proportion to his offending, she said.

The Northern Advocate had opposed name submission, submitting that there was significant public interest in the case, particularly given the man's employment at the time, and the values, integrity and honesty associated with the role.

Judge Morris said while the Advocate's submissions were properly founded and well made, it was one of those rare cases when the potential private damage outweighed the public interest.

A report from a psychologist explained the man had issues for which he had since sought help.

The man's lawyer, Catherine Cull, said a psychologist and general practitioner were helping him deal with his issues.

The man had resigned from his job.

Judge Morris said the police had taken a neutral stance on the discharge and suppression.

- NZPA