Repeat shoplifter Santana Tonihi appears in the Rotorua District Court via audio-visual link. Photo / Andrew Warner
A ‘‘prolific’' thief with more than 50 previous convictions has avoided being sent back to jail despite her latest shoplifting spree reaping more than $2500 worth of stolen goods from five Rotorua stores.
The sentence has disappointed a Rotorua security expert who believes thieves will continue to rip off retailers unless harsher sentences are given.
But New Zealand’s retail watchdog says underlying reasons for prolific offending need to be addressed as opposed to jail terms to protect retailers in the future.
Santana Maree Tonihi, 33, appeared in the Rotorua District Court for sentencing in June and was sentenced to five months’ home detention after previously pleading guilty to three burglary charges and two shoplifting charges.
Sentencing notes have just been released to the Rotorua Daily Post.
The court heard at an earlier appearance, the burglary charges related to Tonihi stealing from Rotorua retail stores but she was charged with burglary because she had been trespassed from the premises previously because of her shoplifting reputation.
The sentencing notes set out her offending between January and April this year - just weeks after being released from prison after she was jailed in September last year for six months after pleading guilty to two shoplifting charges, including stealing $1000 worth of bedding from Briscoes and $24 worth of food from Countdown Central Mall.
At her sentencing last year, Judge Gregg Hollister-Jones sent her to jail because of her list of more than 50 previous convictions.
This was despite Tonihi reading the court a letter of remorse saying she was “truly sorry” for her actions. She said at the time: “I beg you to find it in your heart to forgive me. I do want to change not just for myself but for my babies.”
Tonihi’s offending this year included stealing $125 worth of jewellery from The Warehouse on January 3, $248 worth of property from Noel Leeming on January 14, $39.90 worth of products from Health Shop on Eruera St on January 14, $1894 worth of products including Xbox gaming items, headsets, a Seagate storage device and a gaming console from the Spark store in Rotorua Central Mall between March 15 and 17, and $298 worth of items from Briscoes on April 15.
She had previously been trespassed from Rotorua Central Mall businesses including the Spark store, Briscoes and The Warehouse.
Judge Eddie Paul stepped back from a prison sentence this time.
He said the starting point for the burglaries was 12 months’ jail, which he increased by two months for the two shoplifting charges. After he reduced the sentence by 25 per cent for her guilty pleas, Tonihi was left with a sentence of 10 months’ jail. She had spent about two months in custody which reduced the sentence to about six months’. The time in custody also took into account her significant previous convictions, he said.
“You have 11 pages of previous convictions, Ms Tonihi. They are all for theft, so you are a prolific thief. Most recently, you were sentenced to imprisonment for shoplifting. It appears shortly after your release, you have simply continued in the same vein.”
He noted a pre-sentence report went over her past and recommended a sentence of home detention. He also had submissions from her lawyer and had been given a remorse letter.
He said given the circumstances he was prepared to give her a sentence of five months’ home detention.
Judged Paul imposed new release conditions for six months that were designed to stop her from reoffending.
He said the community had a two-month break from Tonihi’s offending while she was in custody after being arrested and locals would get a further five-month break while she was on home detention.
“Then the conditions are there to hopefully turn you around, Ms Tonihi, which you say you actually want to do.”
Watchdog Security managing director Brett Wilson said he and his staff had dealt with Tonihi several times before.
Wilson said, in his opinion, this case was an example of an offender mocking the system.
He said, generally speaking, offenders who were before the courts often learned from an early age if they said sorry and expressed remorse they could have their sentences reduced.
In his view: “There is a focus on the offenders and their tough upbringings but a the end of the day, when are we going to take into account the harm that comes to the victims? It is simply not happening.”
Wilson said he was in a local store the other day and the owner said they were being hit three times a day by shoplifters but they had given up calling the police because they were busy with other higher priority callouts, such as family violence.
He said retailers were not the only ones suffering the consequences because prices were adjusted to make up for lost profits, meaning the consumer always shouldered the burden with more expensive goods.
He said supermarkets faced massive issues and he had been told some stores were losing $1 million a year.
Retail NZ chief executive officer Carolyn Young said a 2017 survey showed retailers nationwide lost $1 billion to shoplifting each year. An updated survey was being carried out now and the results would be known in the coming months.
Young said retail crime was changing for business owners and employees.
“There is more violence happening. It’s not just about someone putting something in their pocket anymore.”
Young said underlying issues of repeat offenders needed to be explored for them as well as retailers.
She said research had shown locking people up for a long time was not always the answer.
In Tonihi’s case, the trespass option was a good one as the retailers knew who she was when she walked into the store, she said.
“That’s part of the reason she’s getting caught all the time.”