IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
CRI-2013-404-359 [2014] NZHC 806
BETWEEN GLENN WILLIAM COOPER
Appellant
AND
SERIOUS FRAUD OFFICE
Respondent
Hearing: 14 April 2014 Counsel:
T Clee for Appellant
T Simmonds for RespondentJudgment:
16 April 2014
JUDGMENT OF KATZ J
This judgment was delivered by me on 16 April 2014 at 1:00 pm
Pursuant to Rule 11.5 High Court Rules
Registrar/Deputy Registrar
Acting Solicitor: M Williams, Serious Fraud Office, Auckland
Counsel: T Simmonds, Auckland
T Clee, Auckland
COOPER v SERIOUS FRAUD OFFICE [2014] NZHC 806 [16 April 2014]
Introduction
[1] On 16 January 2013, the appellant, Mr Glenn Cooper, entered guilty pleas in the Manukau District Court to five charges (each laid indictably) of dishonestly using a document pursuant to s 228(1)(a) of the Crimes Act 1961. On 29 November
2013, Mr Cooper was sentenced by Judge S A Thorburn to a term of 19 months’ imprisonment, together with an order for reparation of $25,000. Mr Cooper now appeals that sentence on two grounds:
(a) the sentence imposed on him was manifestly excessive, due to insufficient discounts being provided to account for his remorse and guilty pleas; and
(b) the Judge was wrong to impose a sentence of imprisonment
(and reparation) rather than home detention.
Factual background
[2] Mr Cooper describes himself as a property investor. He was also involved with putting together property deals and acting as a broker.
[3] During 2011 Mr Cooper was involved in a number of property transactions, involving properties in Tokoroa and Manurewa. His general modus operandi was to purchase a property at mortgagee sale using either an associated company, a friend or a relative as the purchaser. He then on-sold these properties at an increased price to people who were heavily indebted, purportedly in order to assist them to consolidate their debts. For example, his first victim responded to a debt consolidation advertisement that he had placed in the local newspaper.
[4] False sale and purchase agreements (concealing Mr Cooper’s interest in the properties from banks and investors) and misleading loan application forms were prepared by Mr Cooper and submitted to banks to obtain funding to purchase the properties. The vendors listed on the agreements were generally the original owners, who had already sold their property to one of Mr Cooper’s associated entities. Mr Cooper forged their signatures on the sale and purchase agreements, thereby
concealing his own involvement or the profit he was making on the on sale. The banks approved the requested loans and the victims then purchased the properties.
[5] To further encourage investors to become involved in one of these transactions Mr Cooper did not require payment of a deposit (contrary to what the loan agreements indicated). He also gave investors a cash “rebate” once the loan funds were advanced. For example, one property was purchased by a company owned by Mr Cooper’s wife for $160,000. It was on-sold to the victim for $248,000. The deposit referred to in the relevant documentation was fictitious. In…
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- Case
- [2014] NZHC 806
- Decision Date
CaseChat Overview and Summary
The court’s reasoning hinged on the principle that sentencing is not an exact science and that the sentencing Judge is in the best position to evaluate the seriousness of the offending and the appropriateness of the sentence. The court also emphasised that the choice between home detention and imprisonment is a fettered discretion, and the appellate court’s role is to identify any error in the exercise of that discretion. The court found that the sentencing Judge had properly considered the relevant principles and facts and exercised his discretion appropriately. The decision underscores the importance of denunciation and deterrence in cases involving exploitation of vulnerable victims.
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Background
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Ratio Decidendi
Legal Principle Established
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