Costello v R

The Court of Appeal of New Zealand considered appeals against sentences imposed on Nicholas and Jonathan Costello. Nicholas Costello was sentenced to three years imprisonment for obtaining by deception, while Jonathan Costello was sentenced to three years and four months imprisonment for the same offence. Both appellants argued that the sentences were manifestly excessive and did not adequately reflect the circumstances of their respective cases. The court was required to decide whether the sentences imposed were appropriate, and if not, to determine the correct sentences.

The court reviewed the circumstances of the offences and the culpability of the appellants. In assessing culpability, the court considered factors such as the nature of the offending, its magnitude and sophistication, the type and number of victims, the motivation for the offending, the amounts involved, the losses, the period over which the offending occurred, the seriousness of breaches of trust, and the impact on victims. The court also considered matters of mitigation such as reparation, co-operation with investigators, plea, remorse, and personal circumstances.

The court found that Nicholas Costello's culpability was at the lower end of the spectrum of offending of this kind. The offence was a one-off event, the loss was comparatively low, and there was no obvious breach of trust involved. The court concluded that the appropriate starting point for Nicholas Costello for the obtaining by deception charge was 18 months imprisonment. After applying discounts and increases based on the appellant's previous convictions and guilty plea, the court determined that an 18-month sentence was appropriate.

For Jonathan Costello, the court found his role in the offending was comparatively minor and confined to providing false references. The court concluded that the appropriate starting point for Jonathan Costello was 12 months imprisonment. After applying discounts and increases based on the appellant's previous criminal history and guilty plea, the court determined that a 15-month sentence was appropriate.

The Court of Appeal allowed the appeals against sentence in relation to the obtaining by deception charges. Nicholas Costello was re-sentenced to 18 months imprisonment, and Jonathan Costello was re-sentenced to 15 months imprisonment for the obtaining by deception charge. All other sentences imposed in the Whanganui District Court remained in force.