When a regular customer tried to leave with a packet of cigarettes he hadn’t paid for, dairy owner Suathi Lam decided to take matters into her own hands.

“I told him, ‘your card was declined, can I have my smokes back please’, but it seemed he didn’t want to hear.”

So Lam grabbed Gabrielle Howard by his jacket and followed him outside but ended up being thrown to the ground where he pushed her head into the gravel before sitting on top of her and kneeing her in the stomach.

While Lam ended up getting the cigarettes back, she was shocked and upset and needed medical treatment for her injuries following the assault last November.

Now, the 26-year-old customer has ended up in the Nelson District Court where he was sentenced on Tuesday in relation to the incident at the dairy, and charges relating to other matters.

Howard had earlier admitted charges of theft (under $500), common assault, shoplifting, assault on a person in a family relationship and failing to answer police bail.

Store owner Suathi Lam was assaulted by a customer while wrestling him for a packet of cigarettes she managed to retrieve, but did not know what she would do if the same thing happened again. Photo / Tracy Neal

He was said to have been under the influence of a drug-induced psychosis at the time he offended, and displayed behaviour that was out of character, Judge Jo Rielly said in sentencing him to two months’ community detention and 12 months of supervision.

‘Letting them go so easily is not a good idea’

Lam told NZME the incident was about the worst experience in the 14 years she and her husband had owned the bright red Beverley Store south of Richmond.

“Most people who come into the store are really good. We haven’t had many problems at all.”

It was upsetting also because she knew Howard’s mother well, but felt that if she had not done anything, the same might happen again.

“You have to tell them, ‘can I have my smokes back’, because letting them go so easy is not a good idea,” Lam said.

At about 2pm on November 12 last year, Howard walked into the store and asked for a packet of cigarettes.

Lam said he often bought cigarettes two or three times a week, but she had noticed a shift in his behaviour.

The Beverley Store south of Richmond where owner Suathi Lam was assaulted by a customer over a packet of cigarettes he bought using a fake card. Image / Google Maps

The police summary of facts said he tried to pay using a card that resembled an Eftpos card, but it was declined.

When she told him he “didn’t want to hear”, Howard turned to leave the store and Lam followed and grabbed his jacket.

She told NZME at first she had tried to hold his arm when he picked up the packet from the store bench, and that normally she would keep hold of products until payment went through.

Because she knew Howard, she never imagined there would be a problem.

It was when they were outside that Howard threw her to the ground and assaulted her, leaving Lam with a bruised face and a large graze on her elbow.

A customer and a truck driver passing the store on a busy intersection with State Highway 6 and the Appleby Highway came to help her.

Lam said she took herself to hospital when she saw she had gravel stuck in the wound on her arm, and knew it would need cleaning.

Caught on camera

The day before, Howard had gone into a Richmond service station, approached the person working behind the counter and asked for cigarettes.

He put them in his pocket, swiped his card and left as the transaction was declined.

The person serving him called out to Howard, but he replied, “it’s okay” and left the premises.

His actions were caught on CCTV, police said.

In February this year, Howard was at home with family members when he got into a heated argument over board payment. Howard was pushed, which prompted him to lunge at the victim who tried to run away, but fell.

The victim was punched and kicked by Howard while lying on the ground.

Judge Rielly said Howard had since been receiving treatment for a diagnosed mental health condition and had made “significant steps” in rehabilitation.

“This is not a situation where mental health issues you were suffering from were put forward as an excuse, or in a way that might absolve you from criminal behaviour, but it explains your behaviour,” Judge Rielly said.

She said sadly, Howard had been introduced to methamphetamine by someone close to him, and despite having used it only briefly, it was likely “extremely bad” for him.

Judge Rielly said Howard, who now lived outside the Nelson region and had no immediate plans to return, had stopped using alcohol and drugs and appeared to be well-engaged with a good community support network.

“The context of your offending needs to be seen as you being a person who was living a pro-social life, who was unwell at the time.”

Judge Rielly said the sentence of 12 months’ supervision was the maximum time to ensure there was oversight of Howard.

Lam did not know what she would do if the same thing happened again.

Retail NZ told NZME it always advised caution in such circumstances as the health and safety of workers and business owners was “absolutely foremost”.

Chief executive Carolyn Young said as was the case here, it was not always known if a person was carrying a weapon, was high on drugs or influenced by other factors.

“You just don’t know how someone might react.

“Even if they were high on drugs at the time, it’s not always obvious at first glance.”

Young said a key training tool in the retail sector was learning how to de-escalate a situation, but this case was complicated by the fact the customer was known to the retailer.

“She [Lam] may have been offended by the situation but our advice is to always be cautious and think of your own safety first.”

Tracy Neal is a Nelson-based Open Justice reporter at NZME. She was previously RNZ’s regional reporter in Nelson-Marlborough and has covered general news, including court and local government for the Nelson Mail.