Former refugee’s history contributed to offending

Born into conflict in Myanmar, and isolated by his new community in New Zealand, Hlaing Aung has lacked a guiding hand in life, a court has heard.

On Tuesday afternoon, the 21-year-old was sentenced in the Nelson District Court, after pleading guilty to unlawfully taking a vehicle, and several driving while disqualified charges.

Referring to the police summary of facts, Judge David Ruth outlined Aung’s history of dishonesty charges, and repeated incidents of driving while suspended.

In December, Aung messaged his landlord, asking if he could borrow his car, the judge said. The following day, the landlord agreed. However Aung had already taken the vehicle, and let his 15-year-old co-defendant drive.

Two days later, Aung sent the landlord photos showing the crashed and damaged vehicle. At the man’s request, Aung went to the police station, where he told police the vehicle had been in a high-speed collision.

Defence lawyer Josh Friend told Judge Ruth that Aung’s upbringing had been marred by difficulty.

Born in Myanmar, Aung lost his father at age 3, and went into the care of his stepfather.

After fleeing the civil conflict in Myanmar for Thailand, Aung was “subjected to maltreatment and trauma”, Friend said.

“He had no biological family, and grew up in a broken society filled with conflict from both sides.”

The problems continued after his resettlement in New Zealand, Friend said.

Myanmar’s population is made up of diverse ethnic groups, and Aung’s own heritage, against the backdrop of conflict, marked him as a “persecutor”.

“He’s not welcome in the [Nelson] Burmese community ... it’s made it difficult for him to amalgamate in New Zealand,” Friend said.

“There’s no-one investing time and care into him. He hasn't had a figure in his life who could direct him to doing the right thing.”

Aung’s history had led to “issues with authority”, which included driving without a licence, and not complying with court orders, Friend said.

Aung worked 60-hour weeks, and had some debt. Further driving disqualifications would only hinder his ability to gain his licence, and get to and from work, Friend said.

Judge David Ruth sympathised with Aung’s turbulent history.

“One can understand the problems of resettlement in a different country with those pressures,” he said.

“But you are a migrant to this community, and it is to this community's laws you will comply. If you don’t, you will face the consequences appropriate for breaking the laws in New Zealand.”

The judge agreed that further driving disqualifications were not appropriate, and sentenced Aung to six months’ supervision and three months’ community detention.