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Home / Whanganui Chronicle

Poppy Day theft: Bid for discharge

By Court Reporter
Whanganui Chronicle·
22 Jul, 2014 06:20 PM3 mins to read

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A teen who helped steal a Poppy Day collection bucket may escape conviction.

Miria Wikohika and two friends were involved in stealing about $300 worth of donations in April which were meant to go to returned servicemen. Some of the money was spent on McDonalds.

Wikohika was not the one who snatched the bucket.

Following a restorative justice conference between Wikohika and RSA Wanganui, she appeared in Whanganui District Court for sentencing yesterday.

Defence lawyer Harete Hipango said public outcry as a result of media coverage on the offending had made Wikohika the victim of cyberbullying.

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"She has been directly targeted and subjected to public outrage," Ms Hipango said.

She asked the court to consider a discharge without conviction on the theft charge given the public identification and shaming Wikohika had experienced, as well as the successful restorative justice meeting, Wikohika's remorse, and the fact she was not the main offender.

Ms Hipango also said Wikohika did not realise at first that the money was stolen from poppy day collectors.

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"She's already been subjected to a punitive element," she said.

Ms Hipango said Wikohika had made a $50 reparation payment to the RSA and also had a donation to give them.

Wikohika's father was in court to support her.

"She has the opportunity to get on the path of the more righteous way," Ms Hipango said.

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Judge Gregory Ellis said a conviction would show Wikohika was being held accountable for her actions, and said he was remembering "all the public fuss" about a recent case where Korotangi Te Hokinga Mai Douglas Paki, the Maori king's son, was discharged without conviction because it would jeopardise his succession to the throne.

Ms Hipango assured Judge Ellis she was "not calling on or utilising that hand".

Judge Ellis said he was surprised at the community reaction to Paki's case.

"This court isn't a democracy, but it must be aware of community views and attitudes," he said.

There was a "lack of understanding" about discharges without conviction, and it was a specific provision in the sentencing act, he said.

"It's not something invented by judges. Each judge is to consider in each case whether a discharge might be appropriate."

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Judge Ellis said he didn't think discharges without conviction were always well explained and understood by the public, but "they're not all lawyers".

He remanded Wikohika until September for a written application for discharge without conviction to be filed.

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