Kandy Korner dairy robber facing drug debt sentenced to home detention

A man trying to settle a drug debt robbed Nelson's Kandy Korner dairy of $2000 worth of cigarettes in a "frightening ordeal" for the store worker he confronted. Photo / Tracy Neal

Two people on their own addiction recovery journeys met in a moment of violence; he while committing a robbery and she while working in the corner dairy he robbed.

They met again today in court where Luke Daniel Wareing was sentenced to seven months’ home detention for the robbery last May and other offences he had earlier admitted, including the theft of a motorcycle, and unlawful taking of another motorcycle, each of which he had taken for test rides from the private sellers, and never returned.

He was also sentenced today for possession of methamphetamine and a charge of failing to stop for police, for which he was disqualified from driving for six months.

The victim stood before Wareing and told him about the impact of those few moments last year when he confronted her as she worked behind the counter of Nelson’s Kandy Korner dairy.

The young solo mother, who had taken on the job as a way to help make ends meet, also had her 8-year-old daughter in the store when Wareing walked in, dressed in black and wearing a full-face motorbike helmet.

The Kandy Korner dairy in central Nelson, robbed in May last year. Photo / Tracy Neal

An associate, also in dark disguise, stood on watch at the door to the dairy.

Wareing made out he had a weapon, and handed over a backpack, repeatedly asking her to fill it with goods, including what amounted to $2000 worth of cigarettes.

Judge Tony Zohrab said in the Nelson District Court it must have been an “incredibly frightening situation” for a young woman trying to make a living, confronted with the last thing she expected to happen.

She told the court that standing there today brought back the fear she and her young daughter had suffered, including that she was now afraid to enter a shop or be alone in the car in public.

She said she was fresh into the workforce when it happened, and her confidence had taken a major hit. She had suffered significant financial losses by being too afraid to go to work.

“I was 722 days sober and was trying to create a better future for my daughter, working weekends at Kandy Korner,” she said.

She said she was still waiting to see a counsellor, almost a year after the crime.

Wareing, who hung his head throughout today’s hearing, was a first-time offender who turned to crime as a way out of a drug debt, the court heard.

His lawyer Mark Dollimore said he had not realised there was a child in the store when he walked in and was “apologetic from day one”.

He said Wareing respected the courage of the victim to come to court and read her statement.

Dollimore said each was on their own journey from addiction - she from alcohol and Wareing from drugs; and despite his willingness to meet the victim and resolve matters at Restorative Justice, he understood why she didn’t want to proceed.

Wareing’s crime spree happened over six days last May.

On May 15 last year, Wareing took a $12,500 Harley Davidson for a test drive, advertised for sale on Facebook Marketplace, and did not return.

The motorbike was recovered damaged a month later.

A few days after taking the Harley, Wareing repeated the offending, this time with a $5000 Yamaha.

Wareing and an associate turned up at the seller’s address and arranged to take the bike for a test drive, with Wareing’s associate as a “form of assurance” that he’d return.

Wareing got on the bike and drove off, and then the associate also drove off after telling the bike owner he “needed to get something from his car”.

The bike was also recovered damaged, a few days later, after the pair had used it in the robbery of the dairy, but with an altered number plate in an effort to disguise it.

At around 3pm on May 21 they drove to Kandy Korner in central Nelson.

Wareing walked in and asked the victim if she could “do him a favour”, then handed her a backpack and asked her to fill it with cash and cigarettes.

Wareing told her he had a weapon, and then touched his back pocket, which led her to believe he had a gun.

She grabbed about $200 in notes from the till and put the money in the backpack, which Wareing declined to take until she had filled it with enough cigarettes.

CCTV inside the store showed the entire incident took less than a minute.

Wareing and his unknown associate then got back on the bike and sped off.

The next day, police searched Wareing’s home, and found him asleep in a vehicle on the driveway, still dressed in the clothing he wore during the robbery.

Police also found the backpack containing some of the money and a number of packets of cigarettes. They also found a small amount of methamphetamine in a plastic snaplock bag.

The 22-year-old’s evolving drug habit had triggered a mental health response, which led to him being placed under a compulsory treatment order.

Judge Zohrab said Wareing’s mental health problems appeared linked to his drug consumption, which was undoubtedly a factor in his offending.

He said this didn’t excuse but helped to explain what happened.

Wareing’s parents were in court to support their son. Their ongoing support, including having funded treatment at a residential rehabilitation programme, was one reason he was given home detention.

Judge Zohrab said in sentencing Wareing that he had to balance the needs of the victims, but it made no sense to send a first-time offender to prison and remove him from the pro-social support of his family and employer.

“There are many people who think that prison would be the appropriate response, but I also have to consider your rehabilitation and re-integration,” Judge Zohrab said.

Wareing was also ordered to pay $4900 in reparation, made up of $2000 in emotional harm reparation to the robbery victim, and the remainder to the other victims who incurred costs through stolen or damaged property.