The
balance of a jail sentence for a $705,000 fraud committed by Virginia Rose
James was commuted on appeal to home detention because of her high-risk
pregnancy.
Justice Dobson viewed
with suspicion evidence from Corrections that staff and facilities were
available to deal with any complication from James’ pregnancy. He was told James medical history included a
miscarriage and an internal scar from a caesarean delivery. She is at high risk of internal rupture with
her current pregnancy. Emergency surgery
is required within minutes if there is a major bleed. Justice Dobson expressed dismay that despite
no requirement for James at five months pregnant to attend the appeal hearing
she was transported handcuffed and locked in a prison van from Arohata prison
in Wellington to Wanganui and then on to New Plymouth by car. No court order had been issued for her
transfer.
James was convicted of
fraud in March 2017; sentenced to 33 month’s jail and ordered to pay $70,000:
$57,500 to her former employer Taranaki electricity and gas supplier PowerCo
for the uninsured balance of its $705,000 loss plus $12,500 to co-workers
directly affected by her offending.
The court was told
James stole $705,000 by creating false invoices for fictitious PowerCo
contractors. After searching her
supervisor’s desk, she obtained the PIN number needed to approve payments
exceeding her delegated authority of $2000.
James admitted to a gambling addiction.
Justice Dobson reduced
her 33 month sentence to 23.5 months because the perilous nature of her
pregnancy was not known at the time of sentencing. He stated the balance of this reduced sentence
is to be commuted to nine month’s home detention if a suitable address can be
found.
Reparation of $12,500
for her co-workers was cancelled.
Reparations are for victims suffering emotional harm. Her co-workers do not come within that
definition, he said.
James
v. R – High Court (1.06.17)
17.061