The victim came to court to show his support for the defendant. Photo / File
The victim came to court to show his support for the defendant. Photo / File
A Westport man has avoided receiving a harsher sentence for burglary after the man whose house he broke into spoke in his favour in the Westport District Court.
Tristan Mark Smith, 19, broke into a Brougham Street house and turned its contents upside down on November 8 last year.
Heappeared in Westport District Court yesterday, after admitting to one charge of burglary at an earlier appearance.
Earlier this month, Smith was convicted of committing a separate burglary, and sentenced to 120 hours' community work.
Defending, George Linder said Smith was now "very empathetic" about the victims' feelings and showed great remorse for his actions.
Judge Christopher Somerville said the restorative justice report outlined the victims' (a man and woman) feeling of violation, and the fact their house was left in "disarray".
However, the restorative justice process had proven positive for both Smith and the victims, he said. In fact, the male victim had come to court to show his support of Smith.
While it appeared odd that he was supporting the man that broke into his house, he could see potential in Smith and wanted to help him get his life back on track, the victim said.
Judge Somerville said there were others involved in the burglary whose roles in it were bigger than Smith's. Unfortunately, it was Smith's fingerprints that were lifted, he said.
He acknowledged the magnitude of a victim coming to court in support of an offender.
"You owe it to him and to her to now do something to change your life."
He convicted Smith and sentenced him to 60 hours on top of the 120-hour sentence he was already serving. The only reason Smith was not getting more was due to the positive restorative justice outcome, he said. He also sentenced Smith to 9 months' supervision.
