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R v Fruean [2024] NZDC 4461

Published 21 March 2024

Sentencing — using a document — obtaining by deception — Beaumont v Police [2022] NZHC 472 — R v Varjan CA97/03, 26 June 2002 — Rako v R [2015] NZCA 463 — Singh v Police [2019] NZHC 3001 — Asgedom v R [2016] NZCA 334 — Boatwright v Police HC Auckland CRI-2010-404-000505, 24 March 2011 — Appuhamilage v Police [2015] NZHC 2355. The defendant was for sentence on seven charges of using a document and eight of obtaining by deception. There were two victims, who were related to the defendant. Both were recent immigrants from Samoa, spoke no English and knew little of life in New Zealand. The offending consisted of the defendant taking control of the complainants' bank accounts and using them for her everyday spending and to apply for credit cards and bank loans. The offending continued for three years and the defendant wrongfully obtained some $130,000. The Court considered the aggravating features to be breach of trust; vulnerable victims; premeditation; the amount stolen; offending over three years; and the impact on the victims. The start point for sentencing was 30 months' imprisonment. In mitigation the defendant was of otherwise good character, had shown remorse and had begun to pay back the amount stolen, and had difficult family issues to deal with. The Court made a final sentence of 12 months' home detention along with reparations of $20,000 to the first victim and $10,000 to the second. Judgment Date: 28 February 2024