IN THE HIGH COURT OF NEW ZEALAND INVERCARGILL REGISTRY
I TE KŌTI MATUA O AOTEAROA WAIHŌPAI ROHE
CRI-2019-425-000028
[2019] NZHC 3446
BETWEEN SANDRA GAY MURDOCH
Appellant
AND
NEW ZEALAND POLICE
Respondent
Hearing: 16 December 2019 Appearances:
J A T Ross for the Appellant
S N McKenzie for the Respondent
Judgment:
19 December 2019
JUDGMENT OF NATION J
Introduction
[1] On 24 July 2019 Judge Callaghan sentenced Sandra Murdoch to six months’ community detention on two charges of receiving monies. She appeals her sentence.
[2] The appeal was filed out of time by a modest margin. The delay has been explained by her present counsel, who was not her counsel at the time of sentencing. The Crown has responded to the appeal on the merits. Leave is accordingly granted.
Facts
[3] On 11 September 2017, the first victim, a 54 year old man unknown to Ms Murdoch, received an invoice for $7,319.75. He believed it to be legitimate. However, the invoice had been intercepted by persons unknown and had been altered to show Ms Murdoch’s bank account number as the account to make payment to. On
MURDOCH v POLICE [2019] NZHC 3446 [19 December 2019]
12 September 2017, the first victim paid the amount in full to the account advised. On 13 September 2017, Ms Murdoch withdrew $5,511.50 from her bank account and then transferred $5,300 to Malaysia via Western Union. On 14 September 2017, she withdrew $2,871.50 from her bank account and transferred $2,750 to Malaysia via Western Union.
[4] On 9 October 2017, the second victim, Pukerua Racing Ltd, asked a horse owner to email his account details to it so he could be paid. That email was intercepted by persons unknown and had been altered to show another of Ms Murdoch’s bank accounts as the account to make payment to. The second victim paid $5,000 to that account that day. On 10 October 2017, Ms Murdoch withdrew $4,500 from that bank account and transferred $4,328.54 to Malaysia via Western Union.
District Court decision
[5] Judge Callaghan found that the offending was serious because it involved interception of legitimate emails and then the using of those emails to obtain funds. The Judge said, while it is impossible to know how Ms Murdoch came into possession of the accounts and emails, she was “savvy enough” to forward them to the recipients and receive money from them. The Judge emphasised the substantial financial strain the offending had placed on each of the victims. He highlighted the need for the victims to be compensated.
[6] The Judge adopted a starting point of eight months’ imprisonment. He appears to have made a global discount of three months for Ms Murdoch’s guilty pleas and her previous good character. Thus, the end sentence would be “somewhere in the region of five months imprisonment.” The Judge ultimately found a six month term of community detention was the appropriate sentence in light of the nominal end sentence of imprisonment.
[7] The Judge also made reparation orders for…
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- Murdoch v Police [2019] NZHC 3446
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- [2019] NZHC 3446
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CaseChat Overview and Summary
The court concluded that while the starting point was appropriate, the reparation orders were excessive and not realistically achievable given Ms Murdoch’s financial situation. The appeal against the sentence was dismissed, but the appeal against the reparation orders was allowed, and the reparation orders were quashed.
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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