Backpackers’ convictions overturned

Two shoplifting backpackers who stole ‘‘luxury’’ items such as chia seeds, hummus and organic kombucha have had their convictions thrown out.

British national Jenna Lorraine Cammish, 25, and French national Heden Raffin, 21, were convicted in May of shoplifting from a Blenheim supermarket. They claimed they were desperate because food in New Zealand was so expensive.

They appealed the convictions at the High Court in Nelson last month, saying the convictions were preventing Cammish from visiting her dying grandmother in Canada.

Justice Jill Mallon said in her decision on Monday that the offending was not as serious as Judge David Ruth suggested in the district court. It was ‘‘low-level, foolish and opportunistic theft by a young couple not turning their minds to the possibility of being caught and the consequences of that,’’ Justice Mallon said.

She said Judge Ruth’s statements that supermarket theft ran into millions of dollars annually and this type of offending by tourists, often French nationals, was rife in Blenheim was not backed by statistics or other information, and was not in the police summary of facts.

The judge also did not take into account mitigating factors, including full reparation by the couple, an apology, early guilty pleas and a $300 donation to the Blenheim Salvation Army.

Cammish and Raffin stole food items on seven occasions from Pak’nsave and New World in Blenheim, the court heard at their sentencing at the Nelson District Court on May 28.

The offending happened from January 13 to 24.

Judge Ruth ordered the pair to each pay $200 per charge.

Cammish and Raffin would do their supermarket shop but would add the ‘‘luxury’’ items into a separate bag they had in their trolley.

Since her conviction Cammish had received a letter from the High Commission of Canada advising her that she was not able to enter the country because she had been convicted for theft which occurred on more than one occasion.

Justice Mallon said it was relevant that the offending was over a short period, the stolen goods came to a relatively low value of $306.84 and the offending happened when they were short on cash.

She said in her decision the couple had learnt their lesson and made amends so ‘‘a discharge without conviction is appropriate’’.

Cammish and Raffin had since left New Zealand and were now in Thailand, the decision said.