In today's headlines with Wilhelmina Shrimpton, supermarkets leave Kiwis out of pocket, five people charged over Matthew Perry death, City Mission food parcels still suspended.
Darylyn Menary-Colley, 34, was sentenced in Auckland District Court today to three years in prison, and her partner Sione Siale, 29, to five years in prison, for almost 100 charges relating to shoplifting, aggravated burglary, assaulting police officers and other drug, bail and community breach offences.
However, Judge Evangelos Thomas applied a 30% discount to Menary-Colley and Siale’s sentences due to the “great distress” and “stress” brought on by the recent death of the couple’s children, among other reductions due to drug rehabilitation efforts and guilty pleas.
Most of the charges related to shoplifting undertaken together of thousands of dollars worth of items from supermarkets, Bunnings Warehouses and service stations, which began in late 2022 and continued into 2024 – even after Menary-Colley had already been charged with dozens of shoplifting charges and was on bail.
On January 30, 2024, Siale assaulted two police officers who were trying to arrest him.
Judge Thomas reflected on the breadth of the pair’s crimes at the sentencing, despite the “tragic” death of their children, singling out one shopkeeper who was a victim of their crimes.
“You each have endured your hardships, but thanks to you he has to endure very significant hardship. Sentencing hearings tend to be about how tough things are for defendants. Today we remember how tough it is for victims. It’s incredibly difficult,” Judge Thomas said.
“It’s important to remember how devastating this sort of offending is on business … some are barely surviving. Stealing from them is kicking them when down. You’re not the only one who has to endure hardships. People are praying they can keep their staff.”
But Judge Thomas also gave significant consideration to the personal tragedy the couple had endured with the recent death of one of their children, and the death of another child about two years ago.
“I also recognise it was a time of great distress for you. It’s important that we acknowledge that stress and how difficult life would have been at that time. It’s impossible for the rest of us to fathom the death of a child. I mention that not to distress you … We are human, we recognise that at times of great stress people make poor decisions,” Judge Thomas said.
Menary-Colley pleaded guilty to 41 charges of theft, one of aggravated burglary, and one of unlawfully getting into a motor vehicle and obtaining it by deception.
Siale pleaded guilty to one charge of aggravated robbery, 24 charges of theft, two charges of assaulting police officers, one charge of possessing a meth pipe, as well as other community breaches.
Judge Thomas said a two-year discount was justified in respect of both of them due to the “tragedy” of the death of their children. The sentencing starting point for both was six years in prison.
Menary-Colley, 34, wore a black hoodie with colourful patterns and had her hair tied back this morning as she stood in the dock. Siale, 29, wore a white T-shirt. Both shielded their faces as court-approved photos were taken, as they had done on a previous court appearance.
Judge Evangelos Thomas reflected on the breadth of the pair’s crimes at the sentencing in Auckland District Court today. Photo / Michael Craig
Sione Siale and partner Darylyn Menary-Colley in the dock at Auckland District Court in early 2023 where they faced dozens of shoplifting charges. Photo / George Block
In February 2023, police said the pair faced a combined total of 80 theft charges, along with an aggravated robbery charge each. At their sentencing at Auckland District Court today, Judge Thomas said there were almost 100 charges all up after continued reoffending in the past 18 months.
Siale’s defence lawyer, Alex Zhao, argued neither of the police officers were injured in the assault and it was fairly minor. Siale had also been completing rehabilitation programmes while in custody.
In sentencing Menary-Colley to a lesser sentence of three years in jail, Judge Thomas mentioned the toll that her jail sentence would have on her other children, who have been in care since she went into custody.
Thomas also noted that before Menary-Colley’s shoplifting offences began in 2022, she had no prior criminal convictions and was a “person of good character”. Again he referenced the recent death of another child and the stress it placed on her.
“You deserve for things to start going right for you in your life and instead you were met with great tragedy … You were also the sole caregiver for your other children. All of whom are in care until you are released. All of whom also pay a heavy price for your offending … the cost of having their mother inside,” Thomas said.
Court documents allege the pair targeted multiple grocery stores and petrol stations together. On one occasion in November 2022, they are accused of having made off with nearly $2300 worth of tools from a Bunnings Warehouse in Glenfield, while another alleged theft involved about $3100 worth of groceries from a Meadowbank Countdown store in January 2023. In September 2022, the pair is alleged to have worked together to steal more than $1100 worth of corn beef from an individual.
They are also accused of targeting businesses individually, including an occasion in December 2022, in which Siale was alleged to have taken more than $3100 worth of tools from a Bunnings Warehouse in Takanini.
Theft of more than $1000 is punishable by up to seven years’ imprisonment.
At one of the pair’s previous court dates, Judge Robyn van Keisenberg approved Menary-Colley’s bail request but barred her from shopping at any grocery stores, Warehouse stores or Bunnings stores. The Bail Act restricts media from reporting what is said during bail hearings.
Assistant Commissioner Sam Hoyle said Auckland Central frontline police staff were called to Victoria St West about a vehicle of interest in February 2023.
At the time officers were looking to speak with a man and a woman in relation to numerous theft offences. Both were located nearby.
“The pair were taken into custody by frontline staff and were spoken to further,” said Hoyle.
“Police will allege the pair are responsible for a significant amount of theft, with offending taking place across Tāmaki Makaurau, Northland and Waikato within the past year.
“We know how much this sort of offending can impact on business owners and the public. This is a fantastic result for our community with the pair put before the court.”
Tom Dillane is an Auckland-based journalist covering local government and crime as well as sports investigations. He joined the Herald in 2018 and is deputy head of news.
