Grant v The Queen

Case [2018] NZCA 452


IN THE COURT OF APPEAL OF NEW ZEALAND

I TE KŌTI PĪRA O AOTEAROA

 CA617/2017
 [2018] NZCA 452

BETWEEN

TESSA FIONA GRANT
Appellant

AND

THE QUEEN
Respondent

Hearing:

28 August 2018

Court:

Miller, Mallon and Gendall JJ

Counsel:

N P Chisnall for Appellant
J A Eng for Respondent
JEM Lethbridge for SkyCity Entertainment Ltd, intervening with leave

Judgment:

25 October 2018 at 2.00 pm

JUDGMENT OF THE COURT

AThe application to adduce further evidence on appeal is granted.

B    The appeal is allowed.  The sentences are quashed.  Concurrent sentences of six years’ imprisonment are substituted.  The sentences remain subject to a minimum period of imprisonment of 50 per cent. 

CThe suppression order made in this Court on 15 June 2018 is discharged.

____________________________________________________________________

REASONS OF THE COURT

(Given by Mallon J)

Introduction

  1. Tessa Grant stole over $2.75 million from her two employers, SkyCity Entertainment Group Ltd and Waikato Diocesan School for Girls.  She pleaded guilty to the charges brought against her.[1]  She was sentenced in the District Court by Judge Connell to seven years and eight months’ imprisonment with a 50 per cent minimum period of imprisonment.[2]  She appeals her sentence. 

    [1]Against SkyCity she pleaded guilty to a representative charge of dishonestly using a document with intent to obtain a pecuniary advantage (Crimes Act 1961, s 228(1)(b)); a representative charge of theft in a special relationship (ss 220 and 223(a)); and a charge of accessing a computer system dishonestly and without claim of right (s 249(1)).  Against Waikato Diocesan School she pleaded guilty to three charges of using a forged document (s 257(1)(a)) and four charges of dishonestly using the document (ss 228(1)(b) and 257(1)(a)).

    [2]R v Grant [2017] NZDC 20420 [Sentencing notes].

  2. Ms Grant contends her sentence should have been reduced to take into account the substantial recovery by SkyCity and the full recovery by the school of its direct financial losses.  She says that, because information about a settlement with SkyCity was treated as confidential, it was not made available to the District Court Judge, and this meant he was unaware Ms Grant had made substantial reparation to SkyCity.  She also contends she received an inadequate reduction for her guilty pleas.

  3. If her sentence is reduced for these matters, Ms Grant also seeks a reduction in the percentage of her minimum period of imprisonment.

Circumstances of the offending

  1. The SkyCity offending took place between 22 December 2008 and 24 February 2014 when Ms Grant was the finance manager and on occasions the general manager at SkyCity’s Hamilton operation.  Her fraudulent activity involved issuing cheques drawn on a SkyCity account to pay personal expenses, falsifying invoices and withdrawing unauthorised petty cash, and dishonestly accessing the computer.  The amount fraudulently taken was $1,980,922.01.  Ms Grant used some of the misappropriated funds to construct a horse arena at her property ($425,456.91), pay equestrian-related expenses ($476,715.72), and operate her credit card.

  2. Ms Grant’s offending remained undiscovered when she left SkyCity in July 2014.  At this time she commenced employment at Waikato…

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Grant v The Queen [2018] NZCA 452
Case
[2018] NZCA 452
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CaseChat Overview and Summary

Tessa Fiona Grant appeals against her sentence for defrauding her employers, SkyCity Entertainment Group Ltd and Waikato Diocesan School for Girls, of over $2.75 million. The District Court Judge sentenced her to seven years and eight months’ imprisonment with a 50 per cent minimum period of imprisonment. Ms Grant contends that her sentence should be reduced to take into account the substantial recovery by SkyCity and full recovery by the school of their direct financial losses. She also argues that she received an inadequate reduction for her guilty pleas. The Court of Appeal agreed with Ms Grant that the District Court should have taken into account the substantial recovery made by SkyCity and the full recovery made by the school of their financial losses. However, the Court found no error in the District Court Judge’s decision not to allow a credit for remorse as there was no tangible expression of remorse by Ms Grant. The Court also found that the guilty plea discount given by the District Court was inadequate and that a global discount of 20 per cent from the starting point more appropriately reflected the timing and significance of the guilty pleas on the two sets of charges. The Court of Appeal substituted concurrent sentences of six years’ imprisonment for Ms Grant’s offending. The sentences remain subject to a minimum period of imprisonment of 50 per cent.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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