Published 28 February 2019
Sentencing — obtaining by deception — behaving threateningly — driving with excess breath alcohol — R v Varjan [2003] BCL 705 — Blackmore v R [2014] NZCA 109 — Jones v Police [2000] BCL 509. The defendant faced sentence on several charges. The most serious were two charges of obtaining by deception. The defendant had befriended the victims and persuaded them to send her money under false pretences, obtaining some $9100 this way. She also faced charges of threatening behaviour and driving with excess breath alcohol. Having considered the authorities, the arguments from opposing counsel and the defendant's previous convictions for similar offending, the court found that home detention was not an appropriate sentence. The deception offending was ruthless and predatory, and the sentence needed to reflect the seriousness of the defendant's conduct. The court imposed a final sentence of three years six months' imprisonment, plus reparations of $1100 to the first victim of the dishonesty offending, $4000 to the second victim, and disqualification from driving for one year and one day. Judgment Date: 2 March 2018.
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