Robbing crash victim brings jail
The man who robbed a woman of her wallet as she lay severely injured in her car following a crash and went on a spending spree with her credit card has been jailed for 12 months.
But he cannot be identified because he is seeking permanent name suppression — on the basis of his mental health, impact to his mother’s reputation and the threat of community backlash — and the judge considering the case cannot deliver his decision until September 12.
On November 2 last year Shevaughn Johnstone was seriously injured after a collision with a truck on Cosgrave Rd in Papakura. As she lay in the wreckage a 32-year-old South Auckland man, posing as someone trying to help her, rifled through her handbag, stealing her iPhone 6 and wallet.
He then left the scene and drove around petrol stations in Papakura, Takanini, East Tamaki and Botany Downs using her card to make more than $500 of purchases.
In February the man pleaded guilty to theft, fraudulently using the credit card and a raft of other charges.
On Monday in the Manukau District Court, Judge David McNaughton sentenced the man to 12 months in jail — but given he has been in custody since the start of the year, he will be released within days or weeks.
Judge McNaughton said the theft of Johnstone’s property was “opportunistic”.
“It was quite shockingly callous.”
After sentencing Judge McNaughton turned to consider the man’s bid for name suppression.
His lawyer Devon Kemp argued there were three reasons the offender’s name should never be published. He said publishing the thief’s name would cause extreme hardship to him, his mother and her workplace.
It would also cause physical or psychological harm to the man. Kemp said his client’s mental health was fragile and he had a history of “significant” issues.
Further, if his identity was published he would be “targeted by members of the public in either a violent way or a way that will significantly exacerbate his mental health”.
The Herald opposed the suppression, rejecting claims of extreme hardship made by the man and his mother, and saying the arguments were “clearly outweighed by the presumption in favour of openness and the right to receive and impart information”.
Judge McNaughton said he did not have time to prepare his decision until August 27.
He would then deliver it in court, with the offender and the Herald present, on September 12. amoral and
HWatch video at nzherald.co.nz Sylvia Durrant will have more time for her faithful companion Missy.