A burglar who stole building materials from an orchard learned that crime has consequences the hard way – it ruined his chance of getting a job and he was turned down for house insurance.

Brodie Lewis then went back to court trying to have his conviction overturned, but a judge turned him down.

The High Court at Whanganui was told that Lewis, accompanied by a female associate, drove his Toyota vehicle with a trailer through an open gate onto a commercial kiwifruit orchard on the evening of June 26, 2022, to where a shed was being built.

They took $1520 worth of building materials and drove away.

The pair were stopped by police with the stolen materials at 3.15am, but Lewis was able to bluff his way through their questions, and was allowed to go on his way.

When the goods were later reported stolen, police gained a warrant to search Lewis’ property and found the materials in his backyard.

Lewis later pleaded guilty to burglary.

The female associate was given police diversion, meaning she did not have to face charges in court, but Lewis was sentenced to five months and two weeks of home detention, after Judge Jonathan Krebs turned down his application for a discharge without conviction.

Lewis then appealed the sentence and sought a discharge without conviction in the High Court.

He said that he was addicted to methamphetamine at the time of the burglary. His life had “spiralled downwards” because of his addiction and he was making “bad lifestyle choices”.

Lewis told the High Court’s Justice Michael Robinson that he and his partner, with whom he had recently reconciled, made an offer to buy a property in March this year, which was accepted.

But a broker was unable to obtain insurance coverage for Lewis because of his offending.

Lewis’ partner had to sign a purchase agreement for the property in her name alone.

Lewis also told the High Court that he had been a “strong contender” for a sharemilker position.

However, his prospective employers told him they were unable to offer him the job because of the charge which was, at that time, pending.

Justice Robinson said that Lewis had a 2019 conviction for unlawfully converting a motor vehicle and it was unclear if the insurer and the prospective employer also knew about that conviction.

“In any event, I agree with Judge Krebs that employers are entitled to know of offending by prospective employees such as the burglary carried out by Mr Lewis,” Justice Robinson said.

The maximum penalty for burglary is 10 years in prison.

Justice Robinson said the burglary was moderately serious, carefully premediated, and when police stopped Lewis he appeared to have deceived them.

“Mr Lewis could have returned the stolen materials at this point, but instead he continued with his plan and took them home.”

Justice Robinson agreed with Judge Krebs that the consequences of Lewis’ conviction were not out of proportion to the gravity of his crime, and turned down his bid for a discharge without conviction.

However, Justice Robinson said that Lewis had been entitled to a more significant sentencing discount for his addiction at the time of the burglary, and his subsequent efforts towards rehabilitation.

He quashed the sentence of five months and two weeks of home detention, and imposed one of four months instead.

Justice Robinson said Lewis had completed the Bridge Programme, a 12-week residential rehabilitation programme run by the Salvation Army, and was attending a narcotics support group regularly.

“He has remained sober and away from drugs.”

Ric Stevens spent many years working for the former New Zealand Press Association news agency, including as a political reporter at Parliament, before holding senior positions at various daily newspapers. He joined NZME’s Open Justice team in 2022 and is based in Hawke’s Bay. His writing in the crime and justice sphere is informed by four years of front-line experience as a probation officer.