R v Kushell [2017] NZDC 16058

Published 18 January 2018

Burglary — dishonestly using a document for pecuniary advantage — impersonation of a bank staff member — sentencing — R v Puru (1984) 1 CRNZ 202 — Keenan v Police — Turner v R [2014] NZCA 454 — Rako v R [2015] NZCA 463. The defendant entered the elderly victim's home and stole her bank cards. She then rang the victim from a payphone and impersonated a bank employee and informed her that her cards had been stolen and asked her to confirm her PIN numbers over the phone so that the cards could be cancelled. The defendant then used the cards to obtain $9,900. The court had reference to "Puru" and noted the aggravating features of the targetting of an elderly woman in her own home, premeditation, and the degree of loss suffered. Uplifts were also applied in respect of the defendant's previous convictions. The defendant was sentenced to a term of imprisonment of three years and three months. Judgment Date: 20 July 2017.