A man who accessed his ex-wife's Facebook account to confirm his ''greatest fear'' was discharged without conviction by Judge Mark Callaghan in the Queenstown District Court on Monday.
Dean William Sander (55), formerly of Invercargill but now living in Christchurch, admitted the charge of accessing a computer system without authority, which carries a maximum sentence of two years' imprisonment.
Judge Callaghan said last year Sander's son saw some ''private messages'' on his mother's laptop on October 5 between her and a male from the United Kingdom.
After being told about the messages by his son, Sander went on to her Facebook page and guessed her password to access the messages without authority.
He viewed the messages which ultimately led to the end of the couple's 22-year marriage and then changed her password.
His affidavit said it was the ''worst day of [his] life''.
Sander's ex-wife subsequently had to contact Facebook to ''get her account removed'', Judge Callaghan said.
Spoken to by police on January 5, he admitted the offending.
Defence counsel Louise Denton submitted Sander's life ''was disintegrating'' and because of the court case there had been a breakdown in the relationship between Sander and his wider family.
Following the marriage break-up he shifted to Christchurch, losing a significant amount of support.
He had gained employment, but that may have been jeopardised if a conviction was entered, and the offending was at the lowest end of the spectrum, Ms Denton said.
''I don't think many people would comprehend in [this] situation ... that they're going to ... cop a criminal conviction for it.
''He's done this on one occasion [to] look at her messages to clarify ... some information.''
Judge Callaghan said Sander was otherwise of good character, remorseful and had sought counselling.
Finding the consequences of a conviction were out of proportion with the gravity of his offending, Judge Callaghan said the incident took place in a ''highly emotionally-charged situation''.
''You were trying to confirm your greatest fear - that your relationship had come to an end.
''You were confronted with allegations being made ... about your wife.
''All you did was to try and confirm your fears in the face of denial.''
Kicked door
Lewis Peter Norman (32), of Queenstown, was discharged without conviction for wilfully damaging a door in Queenstown on August 11.
Norman, who was intoxicated, was at his home at 3.30am when he became agitated and started throwing items around the kitchen and living area before kicking a hole in the kitchen door.
In explanation, Norman told Judge Callaghan he was having trouble coming to terms with a medical procedure ''he felt he was being forced to undergo'' and had consumed too much alcohol as a means of dealing with that.
Judge Callaghan said while he did not condone Norman's use of alcohol to overcome his emotions, it would be contrary to the principles of justice for a conviction to be entered.
Convicted
- Graham Wayne McClymont (37), tow truck driver, of Cromwell, drink-driving, 742mcg, August 12 at Cromwell, fined $850, court costs $130, disqualified six months.
