Former Green Party MP Golriz Ghahraman’s second bid to avoid convictions for shoplifting has failed.
In March this year, Ghahraman pleaded guilty to four counts of shoplifting. The charges related to three incidents in Auckland and one in Wellington late last year.
The items taken were worth about $8900 in total.
In June, the ex-MP’s application to be discharged without conviction was denied by Auckland District Court Judge June Jelaš.
Ghahraman was fined $1600 and ordered to pay court costs.
Then, earlier this month, Ghahraman appealed the District Court’s decision to decline her application.
But today, High Court Justice Geoffrey Venning denied that appeal.
Annabel Cresswell, Ghahraman’s lawyer, had argued in her appeal that Judge Jelaš “overstated the gravity of the offending”.
Cresswell also said Judge Jelaš “erred in finding that the consequences of convictions were not out of all proportion to the gravity of the offending”.
The Sentencing Act specifies: “The court must not discharge an offender without conviction unless the court is satisfied that the direct and indirect consequences of a conviction would be out of all proportion to the gravity of the offence.”
Cresswell emphasised Ghahraman’s mental health issues at the time of her offending, but Justice Venning said he agreed with the way her personal circumstances had been dealt with in the District Court.
The former MP worked as a lawyer before entering Parliament; today, Justice Venning also said “the convictions themselves will not be a barrier to Ms Ghahraman’s application to the Law Society for a practising certificate”.
Cresswell said Ghahraman has applied to work at the International Criminal Court, today’s judgment revealed.
In court documents outlining today’s decision, Justice Venning noted: “It is not enough that the consequences of conviction outweigh the gravity of the offending.
“They must be out of all proportion.”
Ultimately, he decided they weren’t, agreeing with Judge Jelaš’ assessment of the seriousness of the offending.
“The appeal is dismissed.”
