Nelson Mail

Discharge for light-f ingered thief

- Skara Bohny

A poorly thought-out smash-andgrab had light consequenc­es for the light-fingered culprit.

Leon Casagrande was discharged without conviction for drunken shenanigan­s in Motueka on June 21, when he smashed the window of a dairy and helped himself to chocolate bars.

His lawyer, Steven Zindel, said Casagrande had no recollecti­on of the events but accepted them as described by the police.

His client was worried that a conviction would have a disproport­ionate effect on his career, as he worked on boats and could conceivabl­y work overseas.

Casagrande decided to walk home via Motueka’s High St from an event where he had been drinking on an empty stomach.

He broke a panel of a dairy window, reached through and took nearby chocolate bars. He proceeded up the street, dropping chocolate bars as he went, until he tripped and dropped the rest.

Zindel said the charge was ‘‘strictly speaking’’ burglary but was accompanie­d by ‘‘unusual circumstan­ces’’.

‘‘He is worried of the attention this may draw, he was wearing a tuxedo,’’ Zindel said.

‘‘He’s not a burglar. He accepts that he is guilty of the charge but he is not a burglar by nature.’’

The next day, Casagrande returned the majority of the chocolate to the dairy, and paid for the repairs to the window and for all of the chocolate taken.

Judge David Ruth said there was a discrepanc­y between the ‘‘criminalit­y’’ of the offending and the potential consequenc­es.

‘‘It is true that burglary is committed by any unlawful entry of any part of the body, however what seems to have happened here is that you caused wilful damage to a shop, and you stole some confection­ary, which would have much less consequenc­es than the charge you have pleaded guilty to,’’ he said.

‘‘The victims here seem to be reasonably well disposed to you . . . they have not banned you from their shop, for example. You paid them $480 without making any bones about whether there should be any deductions for the confection­ary you returned and that is to your credit.’’

Casagrande was ordered to give a donation of $500 to the Salvation Army – selected, the judge said, because ‘‘they do work with people who drink too much’’.

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