Visser v Police

[2015] NZHC 3275

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI-2015-404-00344

CRI-2014-004-11959 [2015] NZHC 3275

MARIUS VISSER

v

NEW ZEALAND POLICE

Hearing:	14 December 2015
Appearances:	S Withers for the Appellant S Mead for the Respondent
udgment:	17 December 2015

JUDGMENT OF THOMAS J

This judgment was delivered by me on 17 December 2015 at 4.30 pm pursuant to Rule 11.5 of the High Court Rules.

Registrar/Deputy Registrar

Date:………………………….

Solicitors:

Vulcan Chambers, Auckland. Meredith Connell, Auckland.

VISSER v NEW ZEALAND POLICE [2015] NZHC 3275 [17 December 2015]

Introduction

[1]      Mr Visser was sentenced to two years and two months’ imprisonment for 18 charges of obtaining by deception.1   He appeals against the sentence on the grounds it is manifestly excessive.

Background

[2]      Mr Visser was a self-employed financial adviser who sold insurance policies to individuals on behalf of, and as an agent for, insurance companies.  He submitted

18 fraudulent policies to two companies on behalf of applicants who did not exist. In return, he received commissions totalling $270,063.21.

[3]      The offending occurred between 20 May 2014 and 11 September 2014.  The applications were either typed or handwritten and contained personal details which were invented by Mr Visser to deceive the insurance companies. Many included invented  signatures.     Mr Visser  was  paid  a  commission  for  each  fraudulent application.  To receive the commissions, Mr Visser initially paid the premiums due on the fraudulent policies using commissions received on subsequent policies.

[4]      On 25 September 2014, a private investigator for one of the companies spoke to Mr Visser in relation to his false policies.  He declined to comment.  On the same day, he withdrew $30,000 from his bank account and purchased four return tickets to South Africa, departing on 29 September and returning on 3 November.  Mr Visser, his wife and his two sons went to South Africa.  In South Africa, Mr Visser changed the return date to 19 November.  On 20 November, he was arrested upon his return to New Zealand.  He then cooperated with the police.  The total outstanding amount is

$239,812.13.  It is unlikely that this will be recovered.

1      Crimes Act 1961, ss 240(1)(a) and 241(a).        The maximum penalty for each charge is seven

years’ imprisonment.

The District Court decision

[5]      The Judge noted that the offending took place in the context of Mr Vitter’s employment relationship with insurance companies.2    The Judge found that his offending involved deliberate and dishonest conduct occurring over a period of four months, and included  multiple acts of deception.   It involved  a high  degree of premeditation.  The total amount received was significant.  The Judge also noted the impact of the offending, particularly its general effect on premiums for all people

with insurance policies.   There were no mitigating factors of the offending, and

Mr Visser was not in a position to provide reparation.

[6]       The Judge adopted the Crown’s starting point of between three and four years’ imprisonment.   In the sentencing notes, the Judge said that his assessment used a starting point of four years’.  This appears to…