Krishnan v Police - [2023] NZHC 3326

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CRI-2023-404-260

[2023] NZHC 3326

BETWEEN
YUVARAJ KRISHNAN

Appellant

AND

NEW ZEALAND POLICE

Respondent

Hearing: 13 November 2023

Appearances:

S Tait for Appellant

L Radich for Respondent

Judgment:

22 November 2023

JUDGMENT OF WOOLFORD J

This judgment was delivered by me on Wednesday, 22 November 2023 at 3:00 pm.

Registrar/Deputy Registrar

Solicitors: Kayes Fletcher Walker Ltd (Office of the Crown Solicitor), Manukau Counsel: S Tait, Manukau City

KRISHNAN v NEW ZEALAND POLICE [2023] NZHC 3326 [22 November 2023]

[1] On 27 April 2023, Judge N R Dawson sentenced Yuvaraj Krishnan to three years and seven months’ imprisonment on 14 charges of fraud and dishonesty.1 Mr Krishnan now appeals against sentence on the basis that it is manifestly excessive, and the Judge erred in not giving sufficient credit for matters raised in a psychiatric report and in a cultural report.

Background

[2] During 2010, Mr Krishnan attended the University of Auckland for the first year of a Bachelor of Science degree. He applied for entry to the medical programme beginning in 2011 but was declined as he did not meet the academic standard.

[3] During 2011 and 2012, Mr Krishnan attended various lectures, classes and laboratories for the year two and year three medical programme, without being an enrolled student. He acted as though he was a legitimate student to his classmates and went to great lengths to keep up his charade. He was eventually found out and trespassed from the University in October 2012.

[4] Mr Krishnan then left New Zealand in February 2013 for Australia where he completed a Bachelor of Science (Anatomy and Histology) before returning to New Zealand in November 2014.

[5] From April 2015 to August 2016, Mr Krishnan worked at the Ministry of Business and Innovation as an Immigration Officer. This position had a medical element in that he was reviewing medical documentation and providing advice to new immigrants, but it did not require any formal qualifications or prior training.

[6] In 2016, Mr Krishnan left New Zealand to begin the first year of a six-year programme of medicine at the Jagellonian University in Krakow, Poland, to be carried out in a four-year mode. He did not graduate from Jagellonian University and left after his third year of study. He returned to New Zealand in June 2020. Shortly after returning to New Zealand, Mr Krishnan began looking for work in the health industry.

1 R v Krishnan [2023] NZDC 8182.

He did not hold a medical degree and was not registered to practice medicine in New Zealand.

[7] The following is a summary of Mr Krishnan’s offending which commenced soon after he returned to New Zealand:

Date

Offence description

Victim

1

17 October 2020

Dishonestly used a false curriculum vitae to obtain a job as COVID-19 Case and Contact team member with Auckland District Health Board (annual salary

$65,000).

Auckland District Health Board

2

22 April – 2…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Keep reading for free

Create a free CaseChat account to read Krishnan v Police and more:

Read every judgment in full
Ask AI and get answers linked to paragraphs
See how each paragraph was cited in later cases
Download judgments as PDF or Word

Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details

Case: [2023] NZHC 3326
Decision Date: 22 November 2023

CaseChat Overview and Summary

The appeal in Krishnan v Police involves Yuvaraj Krishnan challenging his three years and seven months’ imprisonment sentence imposed for 14 charges of fraud and dishonesty. Krishnan argues that the sentence is manifestly excessive and that the Judge did not sufficiently credit his psychiatric and cultural reports. The High Court was required to determine whether the sentence imposed by the District Court was erroneous and whether a different sentence should be imposed.

The court examined the starting point for sentencing, the discounts applied, and whether the sentence was manifestly excessive. The court found that the starting point of five years' imprisonment for the forgery and fraud charges, and the uplift of one year for the perjury charge, were within the range of sentencing principles and case law. The court also found that the discounts applied by the sentencing Judge were appropriate, particularly considering the duration and sophistication of the offending, the pecuniary advantage obtained, and the threat to the integrity of the health and justice systems. The court held that the final sentence of three years and seven months’ imprisonment was not manifestly excessive.

The appeal against sentence is dismissed. The sentence imposed by the District Court is affirmed.

Orders