Published 31 January 2023
Sentencing — accessing a computer system for a dishonest purpose — theft of money — Zhang v R [2019] NZCA 507. The defendant was for sentence on 12 charges of accessing a computer system for a dishonest purpose. When employed by the Ministry of Social Development, she had accessed its computer system and made payments to herself and to others to meet expenses that she had incurred. Twelve beneficiary accounts had been affected, and the defendant stole a total of $26,090.88. The offending was aggravated by major breach of trust, planning and sophistication, the duration of the offending (one year four months), the number of victims, and the amount involved. The start point for sentence was 24 months' imprisonment. The only mitigating factors were the defendant's belated guilty plea and her offer to pay reparations, which reduced the sentence to 18 months' imprisonment. The Court decided to impose a final sentence of nine months' home detention, and ordered the defendant to repay the money she had stolen at a rate of $40 per week, following a initial payment of $800. Judgment Date: 17 May 2022.
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