IN THE HIGH COURT OF NEW ZEALAND ROTORUA REGISTRY
I TE KŌTI MATUA O AOTEAROA
TE ROTORUA-NUI-A-KAHUMATAMOMOE ROHE
CRI-2021-463-164
[2022] NZHC 152
BETWEEN ANTHEA HOUKAMAU
Appellant
AND
NEW ZEALAND POLICE
Respondent
Hearing: 11 February 2022 Appearances:
M Jenkins for the Appellant A Maino for the Respondent
Judgment:
14 February 2022
JUDGMENT OF GAULT J
(Appeal against sentence)
This judgment was delivered by me on 14 February 2022 at 11:15 am.
Registrar/Deputy Registrar
……………………………………
Solicitors / Counsel:
Mr M Jenkins, Jenkins Law, Rotorua
Ms A Maino, Gordon Pilditch, Office of the Crown Solicitor, Rotorua
HOUKAMAU v POLICE [2022] NZHC 152 [14 February 2022]
[1] Ms Houkamau appeals against her sentence of 11 months’ imprisonment imposed by Judge RLB Spear in the Rotorua District Court on 16 December 2021,1 after she pleaded guilty to one charge of obtaining by deception (over $1,000).2
[2] She appeals on the grounds that the starting point adopted by the Judge was too high, the uplift applied for prior convictions and offending while on sentence was disproportionate, and insufficient discount was given for factors arising out of the cultural report.
The offending
[3] The victim is 82 years old. She suffers from memory loss and is in the early stages of dementia. On the morning of 14 July 2021, she received a phone call from Ms Houkamau. Ms Houkamau told the victim that she owed money and her account would be closed if she did not pay the money by 8:30 am that day. The victim was adamant that she did not owe any money. She states that she hung up and did not share any bank details over the phone.
[4] Between approximately 8:30 am and 8:45 am the same day, Ms Houkamau called Westpac Bank and created an online account in the victim’s name. Using the victim’s identity, she transferred $2,100 from the victim’s bank account to her own First Credit Union account without the victim’s knowledge or permission.
[5] At approximately 10:00 am, Ms Houkamau went to a First Credit Union and withdrew $2,100. The victim realised the money was missing when she received her monthly bank statement.
District Court decision
[6] Judge Spear briefly summarised the facts of the offending. He stated that he was “at a complete loss” to understand how Ms Houkamau could have set up an online account for the victim, suspecting she must have obtained her details, and considered the offending showed “a craftiness … approaching a degree of sophistication”.
1 Police v Houkamau [2021] NZDC 25244.
2 Crimes Act 1961, ss 240(1)(a) and 241(a). Maximum penalty seven years’ imprisonment.
He characterised the offending as involving the audacious targeting of a vulnerable person, although noted that the amount Ms Houkamau transferred to her own account was relatively modest.
[7] The Judge noted that at the time of the offending Ms Houkamau was on intensive supervision, which was imposed for causing loss by deception (over 1,000). So her offending had to be seen in a more serious light, especially considering…
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- [2022] NZHC 152
- Decision Date
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