Richard Graham served overseas in intelligence with the Air Force. He developed a drug habit and stole equipment to fund it.

A former military intelligence officer who developed a drug habit after an overseas mission has been sentenced to a curfew and supervision after stealing military equipment.

Mystery surrounds Corporal Richard Graham's role with the Air Force but court documents show he spent three years in a sensitive intelligence role which carried a high level of risk and included being deployed overseas.

Graham had security clearance and was able to enter a store room at Auckland's Whenuapai airbase that housed what was described as "operationally sensitive equipment".

Graham also stole tools from a construction site at the base. In total, the goods had a value of $200,000.

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Graham also admitted charges of supplying methamphetamine and the Class C drug BZP. He was also found with a psychoactive substance and having intent to supply it.

RNZAF Corporal Richard Graham stole equipment from the Whenuapai Air Force base (file photo).

Initially Graham walked from court after being discharged without conviction, meaning the charges were not added to his criminal record.

But the Crown appealed to the High Court in Auckland, where Justice Hinton ruled the District Court judge had erred in law when she determined the consequences of Graham's offending outweighed the seriousness of the crimes.

According to court documents, during the investigation of Graham's burglaries, the police searched his home where they found 10 BZP pills.

They also searched a storage unit that Graham rented. Inside they found 391g of NBOME – a psychoactive product that mimics LSD.

Graham also had two cellphones that had made about 700 calls over a three to four month period.

On Wednesday, Judge Kevin Glubb said Graham's role with the military was not fully known but there was no doubt that his overseas service had affected him.

The judge said serving in hostile places can have long-lasting effects on veterans and post traumatic stress disorder had been well-documented amongst their numbers.

"You were deployed by the New Zealand Government and having returned with real problems, and the New Zealand Government, in this form the justice system, should do what it can to assist you to recover," Judge Glubb said.

Judge Glubb gave Graham discounts, not only for his early guilty pleas but also out of mercy for what he had experienced during his military deployment.

Graham's lawyer Karl Trotter said his client had undergone drug rehabilitation and had found new work as a builder.

During the earlier Waitakere District Court appearance, Judge Belinda Pidwell found Graham had planned what to steal and there was a significant breach of trust.

But there was no evidence of a commercial gain and Judge Pidwell concluded there were "exceptional and significant circumstances".

She cited Graham's stress from the overseas deployment, a character reference from a senior officer and Graham's rehabilitative efforts.

She also concluded if Graham was convicted he would likely face a dishonourable discharge from the military and that would have serious consequences for his ability to get a job in the future.

She said Graham had been sent to a hostile country and had to work his own way through what had happened.

"I do not think anyone can underestimate the effects of war on an individual."

The judge continued: "You have engaged in specific training and had an individual specific experience, sent on behalf of this country to a hostile environment, deployed for a specific purpose and have come back having to work your way through what happened, what you did and what your role was. I do not think anyone can underestimate the effects of war on an individual."

The Crown appealed the decision, arguing it was a case of "theft as a servant on steroids".

The Crown argued Judge Pidwell had erred in law by failing to determine the seriousness of the offending and the consequences.

Justice Anne Hinton agreed.

She acknowledged Graham was now drug-free.

Justice Hinton also said Graham had been effected by his deployment overseas.

The judge said Graham's senior officer had written to the court to say three of Graham's colleagues had approached him saying they had difficulties with assimilating back into normal life and he had noted behavioural changes in five others.

Justice Hinton acknowledged it was a highly unusual case. She said she accepted Judge Pidwell's comments about the difficulties of being sent by the armed forces overseas to a hostile environment and not receiving appropriate treatment on his return.

But she said Graham's offending should not be kept secret from future employers and sent the matter back to the District Court for re-sentencing.

The Court of Appeal upheld the decision.