Court of Appeal Wellington
21 March; 11 April 1990
Cooke P, Richardson, Casey, Hardie Boys and Heron JJ
21 March; 11 April 1990
Cooke P, Richardson, Casey, Hardie Boys and Heron JJ
Criminal law — Sentence — Fraud by person in a position of trust — Solicitor-General's appeal — Accused, who was a company secretary, pleaded guilty to 20 charges of fraud and forgery carried out over five years resulting in a loss of several million dollars to the company — Accused was sentenced to 18 months imprisonment — Whether ss 6 and 7 of the Criminal Justice Act precluded imprisonment or meant only a short term should be imposed — Whether significant deduction from appropriate sentence should be made for guilty plea and co-operation with police — Whether the sentence of 18 months imprisonment was inadequate — Sentencing policy on major frauds by persons in position of trust discussed — Criminal Justice Act 1985, ss 6 and 7.
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