IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY
CRI-2015-419-15 [2015] NZHC 1771
BETWEEN LANCE GRAY MURRAY
Appellant
AND
NEW ZEALAND POLICE Respondent
Hearing: 29 July 2015 Appearances:
S Cameron for Appellant
T Needham for RespondentJudgment:
29 July 2015
(ORAL) JUDGMENT OF WOODHOUSE J [on appeal against sentence]
MURRAY v NEW ZEALAND POLICE [2015] NZHC 1771 [29 July 2015]
[1] This is an appeal against a sentence of 23 months imprisonment imposed by Judge D M Wilson QC.1 Mr Murray was convicted of five representative charges of using a document for dishonest purposes, each carrying a maximum term of imprisonment of seven years, and one charge of carrying on a business fraudulently, with a maximum term of five years imprisonment. The offending occurred over a period of approximately 12 months.
Background
[2] Mr Murray obtained $174,633.00 by fraud. This involved processing unauthorised transactions using client credit cards, offering promotions for subscriptions to his magazine but not delivering the promised goods and services, not paying invoices, not paying charities after charity auctions, and dishonouring cheques.
[3] It is relevant to note that the offending can be divided into two broad categories. One concerned the fraudulent use of credit cards. This involved approximately $100,000. This offending occurred over a period of one month in August 2011 and over a period of four months between April and July 2012. The other types of offending occurred over a 12 month period between August 2011 and September 2012.
[4] Approximately $59,000 of the total was recovered. Part of that was repaid by the appellant when confronted by some of his victims. The sum involved was approximately $33,000. The balance was reimbursed by the credit card companies. The shortfall was therefore approximately $116,000. On the question of reparation the Judge concluded that it was unrealistic to expect that the appellant had any
means of repaying any further money.
1 New Zealand Police v Murray [2015] NZDC 8864.
The issue
[5] The single central issue on this appeal is whether the Judge was in error in exercising his discretion on sentence not to impose home detention. The Judge focussed on deterrence. He adopted a starting point of two and a half years imprisonment, referred to remorse and the effect on Mr Murray’s life, but did not provide a reduction in that regard, and then reduced the starting point by 25 per cent to reflect early guilty pleas.
The arguments
[6] The appellant, through Ms Cameron, argues that the Judge erred in not imposing home detention. She submitted, amongst other submissions, that the Judge erred by not considering the least restrictive outcome, the desirability of keeping offenders in the community where possible, that home detention was more suitable having regard to the purposes and principles of sentencing, and the appellant’s previous good character. Ms Cameron also referred to the fact that, although the total taken was close to $175,000, the amount not recovered by victims was the sum of approximately $116,000. Ms Cameron submitted that the…
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Background
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