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R v Duff [2024] NZDC 20032

Published 22 October 2024

Sentencing — theft in a special relationship — accessing a computer system for a dishonest purpose — Sentencing Act 2002, s 16. The defendant appeared for sentence on three charges of theft in a special relationship, and one of accessing a computer system for a dishonest purpose. The defendant was a former employee of the two victim companies. She had worked in a financial capacity, and took the opportunity to direct into her own bank account payments that were meant for suppliers. She also deliberately overpaid herself. The defendant stole a total of $171,000 from the two companies. While offending against the first company, she took advantage of the fact that the company owner was distracted by his father being terminally ill. The offending had had a major impact on the companies and on the lives of their owners. Other aggravating features included prior convictions for similar offending, premeditation, and major breach of trust. The total start point for sentence was four years' prison. This was uplifted for prior convictions and offending while on bail. In mitigation the defendant had pleaded guilty and had addiction problems. The final sentence was three years' prison and reparations of $147,525.22. Judgment Date: 21 August 2024