| IN THE COURT OF APPEAL OF NEW ZEALAND |
| CA474/2012 [2014] NZCA 151 |
| BETWEEN | SUSAN ANN BOURTON |
| AND | THE QUEEN |
| Hearing: | 13 February 2014 (further submissions received 1 April 2014) |
Court: | Harrison, Asher and Dobson JJ |
Counsel: | R A A Weir for Appellant |
Judgment: | 16 April 2014 at 3 pm |
JUDGMENT OF THE COURT
A The application for an extension of time is granted.
B The appeal against conviction is dismissed.
C The appeal against sentence is dismissed.
____________________________________________________________________
REASONS OF THE COURT
(Given by Asher J)
Introduction
On 4 November 2011 the appellant Susan Bourton was arraigned on 81 counts of fraudulent offending over a nine and a half year period. Ms Bourton had worked first as an insurance broker and consultant and later as a business banking manager at Westpac Bank. In the course of this she had been involved in a number of transactions that gave rise to the various charges. A useful summary of the facts relating to the offending can be found at [9] to [37] of the trial Judge’s sentencing notes,[1] and a more extended version in his reasons for verdicts.[2]
[1]R v Bourton DC Hamilton CRI-2009-019-6496, 28 June 2012 at [9]–[37].
[2]R v Bourton DC Hamilton CRI-2011-019-3476, 27 April 2012.
Without notice Ms Bourton entered a number of guilty pleas on arraignment on the first day of trial before Judge Connell sitting alone. She was found guilty and convicted of the remaining charges. The counts can be summarised as follows:
(a)accessing a computer system and thereby dishonestly or by deception, and without claim of right, obtaining either a benefit, service or pecuniary advantage, or causing loss (x 42);
(b)theft in a special relationship (x 2);
(c)theft of property valued over $1,000;
(d)using a document to obtain a pecuniary advantage (x 9);
(e)using an altered document to obtain a pecuniary advantage; and
(f)using a forged document as if it were genuine.
Ms Bourton was sentenced to seven and a half years’ imprisonment for all the offending with a minimum period of imprisonment of three years. She has appealed her convictions and sentence.
Decision on conviction appeal
Mr Weir, who appeared as counsel on the appeal but had not appeared at the trial, raised three grounds on the conviction appeal. The first ground related to the denial of a right to trial before a jury. However, when certain further uncontested facts were revealed at the outset of the hearing of the appeal, Mr Weir elected not to pursue that ground of appeal.
(a) Propensity evidence
The first of the remaining two grounds of appeal before us was that the Judge erred in placing undue weight on propensity evidence which was led in determining the issues at trial. Mr Weir, after having made some general submissions on the correct approach, argued in effect that there should have been separate trials for the different transactions. Mr Weir submitted that the Judge should not have taken into account the evidence…
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- AGLC
- Bourton v The Queen [2014] NZCA 151
- Case
- [2014] NZCA 151
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