R v Crystal Brady-Trainor  NZDC 3799
Published 01 August 2016
Discharge without conviction — Sentencing Act 2002, s 106.
The defendant was discharged without conviction after pleading guilty to one charge of receiving and one of theft, and ordered to pay $700 in compensation to the victim of the offending.
The defendant had gone through a traumatic ordeal prior to the incident which greatly reduced her culpability. The gravity of the offending was considered at the lowest end of the scale because of the events suffered by the defendant leading up to the offence. An early guilty plea and cooperation further reduced culpability.
It was found that the direct and indirect consequences of a conviction for dishonesty offences would be out of all proportion to the gravity of the offending, and a s 106 discharge was appropriate.