Benjamin Webster, 40, read a letter of apology as he stood in the dock alongside his co-accused and described his sense of shame and contrition about the burglary.
“I describe it as cowardly, worthless and senseless,” he said.
His lawyer, Devon Kemp, said Webster acknowledged the “extraordinary” impact his actions had on his victims.
“He understands the fear it’s incited, he understands the definite financial loss it’s caused, and of course the emotional toll.”
However, Kemp cited a slew of mitigating factors in arguing for a cumulative discount of 70 per cent on the starting point of 6½ years in prison, including the 25 per cent discount for the guilty plea.
That would have reduced his sentence to 24 months in prison, amounting to time served because he has been in custody.
The mitigating factors included his upbringing, a history of substance abuse and the tragic circumstances of his life leading up to his most recent offending. Webster is the grandfather of 2-year-old Arapera Fia, who was murdered in 2021 in Weymouth during Auckland’s Covid-19 lockdown.
He gave evidence in the trial at which Tyson Brown was found guilty of her murder.
Prosecutor Renee Zhang said the Crown’s position was that the discounts for personal, cultural and addiction factors should not exceed 20 per cent.
Judge Sharp sentenced him to 3½ years in prison. That included a 25 per cent discount for his guilty plea, three months for the apology letter and a discount for the drug and alcohol issues, which he found stemmed from the matters outlined in the cultural report.
Tehau also read a letter of apology, directed at the victims, apologising for the emotional distress and financial loss he had caused.
He said he had fallen into financial hardship before the burglary when he lost his licence and was unable to continue work as a delivery driver to provide for his five children. Tehau has now found work, and the court received positive references from his employer.
His lawyer, Sacha Norrie, in arguing for home detention, said he had a son who had been gravely ill and was to receive an organ transplant requiring a months-long period of recuperation in Starship hospital.
“It is in everyone’s interest that he be able to maintain his employment,” she said.
Judge Sharp, from a starting point of five years in prison, reduced his sentence to 24 months, converted to 12 months’ home detention, during which he will be allowed to work.
Aidan Webster, 18 at the time of the burglary, had the benefit of the Crown supporting a sentence of home detention. Judge Sharp gave him nine months’ home detention.
“However, it may be perceived by some people, it’s still a very difficult sentence to manage for an extended period,” the judge said.
“I’ll be honest with you bro, I did it.”
The burglary began on July 28, when the three men pulled up to the Royal Oak Mall car park in a stolen Toyota Aqua.
They rushed into the mall armed with hammers. They were disguised with masks, sunglasses and hats, according to court documents released to the Herald.
The trio continued from the ground floor entrance up a flight of stairs to Brownson’s.
When they approached the store, the owner was inside serving a customer. He fled when the trio burst in yelling.
“The offenders systematically smashed the glass display cabinets housing high-end jewellery inside the store, then placed the exposed jewellery in their backpacks,” the police summary of facts said.
When the mall’s building manager heard the commotion and went to investigate, he found the men stuffing jewellery into their backpacks.
One of the men raised a hammer and threatened the manager, who fled and sought help from a security guard.
The trio then fled the scene, ran back through the mall and fled in the stolen hatchback with an estimated $200,000 of jewellery.
They ditched the stolen car for another vehicle and picked up a female associate before driving to Regal Castings in Mt Eden, a jewellery wholesaler just 15 minutes’ drive from the mall.
The woman went inside shortly after 5pm and attempted to fence several brand new bracelets, including an 18-carat red gold “popcorn-style chain”.
The owner of Regal Castings recognised the chain because he had earlier sold it to Brownson’s.
Police were called and they arrived at the wholesalers to find the trove of pilfered loot in the car, along with the hammers used by the men.
Benjamin Webster and Tehau, who both have criminal histories, declined to speak to the police. The other Webster confessed. He has not previously been before the court.
“When spoken to by police, Aidan Webster said: ‘I’ll be honest with you bro, I did it’,” the police summary of facts said.
