Sterner
punishment could well have been in order said the High Court when dismissing an
appeal by serial fraudster Andrew Charlton Tonks against a sentence of 22
months in prison with an $18,800 reparation order after conviction on three
counts of fraud and one of forgery.
Tonks was convicted in
December 2016 of stealing $18,500 from his then employer Apex Rentals. Working for Apex in Queenstown, he stole cash payments
made by customers that otherwise should have been banked and pocketed cash from
the sale of two Apex rentals surplus to requirements. While on bail prior to sentencing, Tonks attempted
to defraud Turners Finance seeking ready cash to repay Apex Rentals. Tonks forged a car purchase agreement which
together with a false payslip and bank statement was used to borrow $23,850
from Turners Finance. Turners got wind
of the fraud and managed to recover its money.
Tonks appealed his
sentence saying it was too harsh and home detention should be ordered. Justice Davidson said Tonks showed no remorse
and continued to act dishonestly after first being charged. Any question of home detention was
compromised by Tonks use of a home computer whilst on bail with his attempts to
defraud Turners Finance. Tonks has criminal
convictions in Australia. The court was
told he is likely to be deported.
Tonks
v. Police – High Court (4.05.17)
17.040