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Serious Fraud Office v Whakaruru [2020] NZDC 21726

Published 12 December 2022

Sentencing — obtaining by deception — supplying false or misleading information — charitable trust — kingitanga — Sentencing Act 2002 , s 8(1) — Criminal Procedure Act 2011, s 147 — R v Varjan CA97/03, 26 June 2003 — R v Grant [2017] NZDC 20420. The defendant appeared for sentence, having pleaded guilty to five charges of obtaining by deception and one charge of supplying false or misleading information. He had been the chief adviser to the Māori king, overseeing the funding of the charitable trust owned the king. The defendant had received money by altering documents and applying to the trust for additional funds which he claimed were for trust purposes, but which he used for personal purposes including funding a $27,650 surgery. The total amount of money defrauded from the trust was $110,788.25. When investigated by the Serious Fraud Office ("SFO"), the defendant denied what he had done on two separate occasions. In assessing an appropriate sentence, the Judge looked to similar cases and set a starting point of three years and three months’ imprisonment for the deception charges and added a three-month uplift for the SFO charge. A total 20 per cent discount was given for the defendant's lack of prior convictions, prior good character, ability to pay reparation in full and a claim of remorse. The full 25 per cent discount was given for the defendant's guilty plea, bringing the end sentence down to around 23 months' imprisonment. The Judge then considered whether a sentence of home detention was appropriate. The Judge noted that it was unlikely that the defendant would come before the Court again on similar offences and it would make no sense sentence a 57-year old to a term of imprisonment. The Judge sentenced the defendant to a term of six months' home detention with special conditions. Judgement Date: 14 October 2020.