Haereroa v Police

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CRI-2018-409-000127

[2019] NZHC 318

BETWEEN

MELISSA MARY HAEREROA

Appellant

AND

NEW ZEALAND POLICE

Respondent

Hearing:

28 February 2019

Appearances:

N R Wham for Appellant

K Courteney for Respondent

Judgment:

1 March 2019

JUDGMENT OF GENDALL J

Introduction

[1]    On 17 August 2018, the appellant, Melissa Haereroa, was sentenced to four and a half years’ imprisonment on a raft of charges. These included obtaining by deception, theft, wilful trespass, aggravated assault, driving with excess blood alcohol, driving while disqualified and breaches of intensive supervision and community work. She appeals the sentence on the basis that it is manifestly excessive.

Facts

[2]There are four distinct sets of charges as follows:

HAEREROA v NEW ZEALAND POLICE [2019] NZHC 318 [1 March 2019]

Set 1

·     Obtains by deception x 3

Set 2

·     Breach of intensive supervision

·     Breach of community work

·     Theft (under $500) x 2 (resentence)

·     Wilful trespass x 2 (resentence)

Set 3

·     Aggravated assault

·     Theft (over $1000) x 3

·     Theft ($500-$1000) x 4

·     Theft (under $500) x 4

·     Wilful trespass x 5

Set 4

·     Driving with excess blood alcohol (third or subsequent)

·     Driving while disqualified (third or subsequent)

Set 1

[3]    The three convictions for obtaining by deception arise from a complex system of defrauding elderly people through bank accounts. Police referred to the investigation as Operation Eclipse.

[4]    The fraud involved money being transferred out of the account of a victim and into the account of a “mule”, from which it was withdrawn. Sometimes the money was transferred to a second or third “mule” before withdrawal. At least 20 victims were identified, and a total of between $150,000 and $300,000 was taken. Ms Haereroa was convicted in relation to withdrawal transactions relating to three victims.

[5]    In relation to one victim, Ms V, $11,540 was fraudulently transferred from her account to a “mule’s” account on 3 December 2016. The mule and an associate met with Ms Haereroa at The Palms shopping centre. The associate drove their car around Christchurch for the “mule” to withdraw funds, while Ms Haereroa drove in convoy. A total of $6,048.50 was withdrawn and handed to a passenger in Ms Haereroa’s car.

[6]    Regarding a second victim, Ms M, $700 was fraudulently transferred from her account to a “mule’s” account on 17 December 2016. That evening, Ms Haereroa sent

a number of texts to associates and to her son, containing the name and bank account number of the “mule” in this matter. $700 was withdrawn from the “mule’s” account over seven transactions between 19 and 21 December 2016.

[7]    Regarding a third victim, Ms P, $22,000 was fraudulently transferred from her account  to  a  “mule’s”  account  on  28  December  2016.  An  associate  texted   Ms Haereroa’s son and another associate between 10am and 11am telling them they needed to “work asap” and to wake Ms Haereroa up. At 5.01pm that…