IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY
CRI-2016-419-000007 [2016] NZHC 695
BETWEEN ELIZABETH MARY LUONI
Appellant
AND
NEW ZEALAND POLICE Respondent
Hearing: 12 April 2016 Counsel:
T Sutcliffe for Appellant
S F Gilbert for RespondentJudgment:
15 April 2016
JUDGMENT OF HEATH J
This judgment was delivered by me on 15 April 2016 at 10.00am pursuant to
Rule 11.5 of the High Court Rules
Registrar/Deputy Registrar
Solicitors:
Crown Solicitor, Hamilton
Counsel:T Sutcliffe, Hamilton
LUONI v NEW ZEALAND POLICE [2016] NZHC 695 [15 April 2016]
The appeal
[1] Ms Luoni was charged with various offences involving dishonesty arising out of her actions as an employee of Ancor Loc New Zealand Ltd (the employer). The offending occurred between 2 May 2013 and 21 June 2014. On 20 October 2015, Ms Luoni entered pleas of guilty in the District Court at Te Awamutu to all charges.1
She was sentenced on 27 January 2016. Judge Burnett imposed an effective end sentence of 11 months’ home detention.2 Ms Luoni appeals against that sentence on the grounds that it is either inappropriate or manifestly excessive.
[2] An order was made in the District Court that interim name suppression continue pending determination of the appeal. Mr Sutcliffe, for Ms Luoni, responsibly accepts that there is no basis on which continuation of name suppression can be supported. On delivery of this judgment, the interim order lapses and Ms Luoni’s name may be published.
The facts
[3] Ms Luoni entered guilty pleas to one representative charge of theft by a person in a special relationship,3 one representative charge of obtaining property by deception,4 one representative charge of false accounting,5 and one representative charge of dishonestly using a document with intent to obtain a pecuniary advantage.6
There were two further charges of dishonestly using a document, both referable to specific incidents.
[4] Ms Luoni was employed as an office administrator. She commenced her employment on 3 April 2013. Her salary was $48,000 per annum. Her duties included keeping accounting records and making direct transfers of funds from her employer to other bank accounts. Those payments were to be made pursuant to directions from duly authorised managers. Ms Luoni became an authorised cheque
signatory on 5 July 2013.
1 The charges are detailed at paras [3], and [6]–[10] below.
2 New Zealand Police v Luoni [2016] NZDC 2665.
3 Crimes Act 1961, s 220.
4 Ibid, s 240(1)(a).
5 Ibid, s 260(a).
6 Ibid, s 228(b).
[5] During her tenure, Ms Luoni was regarded as a good employee. While her duties remained unchanged, on or about 8 November 2013 her salary was increased to $53,000 per annum. Ms Luoni was dismissed on 10 July 2014, when her offending was detected.
[6] Detection of the offending followed the engagement of a temporary office assistant to work for a period of 12 weeks while Ms Luoni was on maternity leave. That employee discovered irregularities in company payments, and drew them to the attention of management. An audit was…
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