Published 11 September 2024
Discharge without conviction — dishonestly accessing a computer system — public service — corruption — Sentencing Act 2002, ss 106 & 107 — Privacy Act 2020. The defendant had pleaded guilty to five charges of dishonestly accessing a computer system, and now sought a discharge without conviction. She was a former employee of Waka Kotahi. In the course of her employment she had accessed the private details of registered vehicle owners, and had then passed the details on to gang members. She offended on numerous occasions, and the gang members rewarded her by giving her drugs. There was evidence to suggest that the defendant's information disclosures then led to violent offending against the vehicle owners. The Court observed that the defendant's employment had placed her in a privileged position, and that she had abused this privilege and damaged the integrity of the public service. The Court found that the offending was serious and caused harm to members of the public, as well as to Waka Kotahi and to the public service generally. On the other hand the defendant was of previous good character and had tried to address the causes of her offending. However the defendant was unable to show that the consequences of a conviction would be out of all proportion to the gravity of the offending, and the Court ordered that she be convicted. Judgment Date: 23 April 2024
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