Serial Waikato shoplifter who ‘causes retailers grief’ given more jail time

Serial Hamilton shoplifter Kenneth Waaka was jailed for 18 months he appeared via audio visual link for sentencing in the Hamilton District Court. Photo / Belinda Feek

A serial shoplifter who carried out more thefts weeks after being released from jail has been lambasted by a judge for his “disgraceful” behaviour.

Kenneth Nikora Waaka, 44, emanated a strong stench of alcohol while stealing nearly 20 pairs of glasses from two different stores over two days last year while making sleazy and threatening comments to staff.

Waaka appeared before Judge Noel Cocurullo via audiovisual link on Monday on three charges of theft over $1000, wilful trespass, and threatening behaviour.

“You cause significant grief for retailers, endeavouring to earn a living because you think that you are entitled to go and steal.

“It would be repugnant to justice, in my view, to sentence you to anything other than imprisonment.”

‘I can do whatever I want’

Waaka’s stealing spree might have been short, but it was confronting for those involved.

He’d already been trespassed from Centre Place shopping centre in Hamilton when he went into OPSM about 1.20pm on October 26 last year.

He selected seven pairs of sunglasses from a display stand before walking out without paying.

When confronted by security and asked to pay, he crushed three pairs in his hand, causing $2377 worth of damage.

He then walked out of Centre Place across the road towards Specsavers.

There, he nabbed four pairs of prescription glasses, worth $1656, from a display stand before walking out without paying.

Waaka went back to the same store early on October 27 and was greeted by a staff member who took him to see the victim who was in another part of the store.

He then made derogatory comments, “I want to pull your ponytail” and “f*** you”, and about wanting to touch a work colleague’s bottom.

Court documents state the victim was “shocked by these comments and how gross they were”.

Waaka then stole six pairs of prescription glasses from a display stand before walking out, again without paying.

However, as he left, he threatened to rape and kill the victim before saying, “I can do whatever I want to you”, and “You owe me whatever I can take”.

During the incident, Waaka appeared intoxicated and “smelt strongly of alcohol, and his speech was slurred”.

The glasses were worth $2394 and were not recovered.

Kenneth Waaka's lawyer said he accepts he has a problem. Photo / Belinda Feek

‘He’s embarrassed'

Waaka’s counsel, Shaam Bhardwaj, said although Waaka had been jailed for nine months last year on other shoplifting charges, he urged Judge Cocurullo to hand down a home detention sentence.

His client had time to reflect in custody and had “learnt a few lessons” from being inside.

“He accepts he’s got a problem and says he is remorseful of his actions,” Bhardwaj said.

Bhardwaj also opposed NZME’s application to take Waaka’s photo due to his client feeling “embarrassed” once he’s released from prison and returns to Hamilton.

Judge Cocurullo allowed the application, stating Waaka’s reasoning fell well short of the standard required to oppose.

‘Disgraceful behaviour’

Judge Cocurullo noted Waaka’s “disgraceful” criminal history, which included 77 previous convictions, including 31 for dishonesty.

He also had a “significant” number of convictions for breaching court orders.

“You say you’re remorseful. With the greatest of respect to you, Mr Waaka, you are not.

“I see no evidence of remorse other than your guilty plea.”

He took a starting point of 18 months’ jail but, after taking off 20% for his guilty pleas, he added another 20% for previous convictions.

While Waaka was within range for home detention, Judge Cocurullo wasn’t interested in entertaining it.

“You have a long and lengthy history where you go out and steal from retail shops.

“Whatever sentence is put on you, it does not matter ... you return to theft.”

He declined to issue reparation as there was no prospect of it being paid and would therefore only revictimise the victims.

Belinda Feek is an Open Justice reporter based in Waikato. She has worked at NZME for 10 years and has been a journalist for 21.