A 19-year-old who stole newspapers and started a fire to keep his homeless mate warm has been let off, but his friend was not so lucky.
Kobi Warren Chapman and Wiremu Tekana Brown, 20, appeared in Masterton District Court yesterday and were sentenced on charges of theft and intentional damage.
Judge Ian Mill said Chapman was "part and parcel" to the offending.
"[But] you were just going along with Mr Brown keeping him company really. He had nowhere to stay that night."
Judge Mill said he did not think Chapman's behaviour was criminal, adding he deserved a chance, and discharged him without a conviction.
According to the police summary of facts, on June 2 about 3am Chapman and Brown stole a stack of 30 Sunday newspapers, worth $90, which were the property of the Copper Kettle Dairy in Queen St.
They walked to the memorial rugby grounds grandstand and later lit a fire with the newspapers. The edge of a bench seat was burnt as a result.
In explanation to police Chapman said the pair had lit the fire because it was cold and his friend was sick.
Police prosecutor Nick Newbery said there was a risk the whole grandstand could have caught fire. Defence lawyer Frank Minehan said although Chapman's actions were stupid he had to be given credit for his charity.
Mr Minehan said Chapman was a talented music student and said there was a naive element to the offending.
When asked by Judge Mill what Brown thought of his friend being discharged without a conviction, he replied: "It wasn't his fault."
Judge Mill said lighting the newspapers was a "dangerous thing to do" but that nothing came of it.
He said Brown, although homeless at the time of the offending, had since found somewhere to live.
"You are more settled," the judge said.
Brown also faced an unrelated charge of intentional damage for an incident on June 18 where he had smashed a sliding door panel.
He was sentenced to 80 hours' community work, nine months' supervision and ordered to pay reparation of $45 for his share of the newspapers.
