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R v Rapana [2018] NZDC 5168

Published 16 May 2019

Sentencing — using a document — obtaining by deception — misuse of telephone — accessing computer system for dishonest purpose — Kiro v R [2016] NZHC 1550 — Mount v R [2015] NZCA 489 — McGregor v R [2015] NZCA 565. The defendant appeared for sentencing on two charges of using a document, six of obtaining by deception, one of misuse of a telephone, and one of accessing a computer system for a dishonest purpose. By abusing his company credit card and theft of company bank cheques, he had stolen about $28,000 from his employer. After being dismissed for theft, the defendant stole $103,748.05 from customers of his former employer, and also managed to disrupt the company's phone and internet services. The company went out of business as a result of the offending. The offending was planned and premeditated, involving major breaches of trust against multiple victims. Further, the defendant had stolen a significant amount of money. The Court adopted a starting point for sentencing of three and a half years' imprisonment, adding uplifts for the spitefulness of the offending and the defendant's history of dishonesty. With discounts given for willingness to rehabilitate and a guilty plea, the final sentence was three years, four months imprisonment. The Court also ordered the defendant pay reparations of $15,000. Judgment Date: 16 March 2018.