Eliora
New Zealand is experiencing a change in the type of crime being committed. According to the NZ Police, the number of home burglaries is down but shoplifting is up. On top of an economic hit, Kiwi businesses face an increased level of theft.
Businesses in New Zealand have been hit hard by the severe COVID-19 lockdowns. Ardern wanted to ‘flatten the curve’, then moved the goal posts as she wanted a COVID-free country. The rules and levels kept changing. Businesses could not operate under such uncertainty and many closed, as it was impossible to survive for months with few or no customers. Others managed to struggle on.
The proverbial expression of English (and not American) origin, ‘the law is an ass’, comes to mind. The shoplifting Crime Act (1961) cannot be relied on to be sensible or fair. Rather than a warranted punishment, the current law does not equate with justice. These criminals know they can get away with it.
In 2001, Shrek, the box office movie was released. Millions around the world loved the characters, humour, and animation. Eddie Murphy, as the voice of the donkey, was brilliant, and one famous quote fits here. He flatters, as he charms his way out of his misdemeanour.
Please don’t turn me in. I’ll never be stubborn again. I can change! Please! Give me another chance!
The Community Law Office explains what is likely to happen if you are caught shoplifting.
If it is your first offence, the police will often simply give you a formal warning without charging you – they call these “pre-charge warnings”.
For a second offence, you’ll probably be charged, but you may then qualify for the police “diversion” scheme. To get diversion you’ll have to admit the offence, but you’ll be kept out of the court system and won’t get a criminal record.
If you can’t get diversion and are convicted in court, this first shoplifting conviction is likely to be dealt with by a fine or a community-based sentence (like community work). Alternatively, the judge may order you to “come up for sentence if called upon” during a set time, usually six months or nine months. This means you’re released but must be on good behaviour during that time, otherwise you have to go back to court to be sentenced for the shoplifting offence plus whatever penalty you might get for the latest offence.
If you’re convicted, you’ll also have to pay court costs on top of your sentence.
You may also have to pay “reparation” to the store if you’ve used or damaged the items so that they can’t be sold. But if the store has been able to get the items back from you still in a saleable condition, you won’t have to pay reparation.
If you’ve already got shoplifting convictions, you’ll probably face stiffer penalties, depending on the value of the goods shoplifted – including longer community-based sentences, or a three-month jail term.
A burglar caught breaking into a home finds themselves ‘donkey deep’ in trouble for items stolen. There could be a jail term of up to 10 years. A shoplifter stealing the same items from a store faces a maximum of 3 months.
The criminals know the black-market value for designer clothes from a shop is much higher than a second-hand TV off a wall from a home. COVID-19 has resulted in more people working from home giving fewer opportunities for house burglaries. It is no wonder the trend has seen commercial properties targeted.
There are no excuses for any burglary, but the reality is that many kiwis are now unemployed and are living in poverty. (Ardern has a few weeks left to fulfil her 2017 election promise to eliminate poverty in NZ). Some stealing may come out of desperation. Another factor in the increase of shoplifting is that gang numbers (largely criminal deportees from Australia) have risen sharply, especially in the Bay of Plenty.
Matt Shand, 19 August 2020, wrote in Stuff about a gang of 9 girls, who stood over a shop keeper at Gate Pa, Tauranga in a daylight robbery. Frightening for the shop keeper and resulting in hundreds of dollars of financial loss.
Even after the police were called, members of the same gang returned the next day to smugly intimidate staff.
Have they been caught and charged? Probably not under this soft-on-crime Labour led Government.
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