Five
months was deducted on appeal by Jenna Marie Davidson against a sentence of two
years and nine months jail for fraud because post-traumatic stress caused by
domestic violence amounted to “particular circumstances” making imprisonment disproportionately
severe.
Davidson was convicted
of defrauding two employers and then perverting the course of justice when she
forged a character reference in an attempt to reduce the severity of her
sentence. In 2014, she fraudulently used
a company credit card buying goods and services totalling $40,469 when employed
as executive assistant to Wellington Airport’s chief executive. While awaiting trial on that charge, she
defrauded ACC of $39,732 with purchases from 43 different retailers misusing a
corporate credit card issued to her as a staff member at the Accident
Compensation Corporation. She forged a
character reference from ACC describing herself as “honest” and having a
“flawless reputation” using this as mitigation when sentenced on the Wellington
Airport fraud charge. ACC discovered her
prior offending only on reading news media reports of the Wellington Airport
fraud. A subsequent internal
investigation uncovered the ACC fraud and the forged reference.
On appeal to the High
Court, there was psychiatric evidence that Davidson suffers post-traumatic
stress disorder from a long-running abusive domestic relationship. This can result in a form of help-seeking and
distress behaviour, the report says.
Davidson had been referred to a forensic mental health clinic because of
her behaviour in prison. Justice Mallon
ruled a discount on the term of imprisonment should be allowed. Imprisonment for Davidson was more stressful
than the norm.
Davidson
v. R. – High Court (26.05.17)
17.055