Law graduate Nicholas James Clapshaw Neutze has twice been the beneficiary of a judge’s discretion to discharge him without conviction: the first following a charge of excess blood alcohol; the second on a charge of dishonestly accessing a computer system.
Police appealed his dishonesty discharge, without success. The High Court was told Mr Neutze used his logon authority as an ANZ relationship services manager to dishonestly access his own ANZ account over ten separate occasions in late 2016 and early 2017, increasing his personal overdraft limit from two thousand dollars to $100,000. He then drew down on this unauthorised overdraft, owing ANZ some $89,100 before the fraud was discovered. Mr Neutze repaid the money. He pleaded guilty, asking for a discharge without conviction. Mr Neutze has a law degree. He has passed the professional requirements for admission to the profession. He said he has no present intention to apply.
Police said the trial judge erred in her assessment of the gravity of Mr Neutze’s offending when granting a discharge. Hearing the appeal, Justice Brewer ruled consideration of Mr Neutze’s ANZ offending should be considered in isolation when considering a discharge. The dishonest activity related to his personal ANZ account only. Excess blood alcohol offences were not relevant. The High Court was told not only had Mr Neutze been discharged previously without conviction on a blood alcohol charge but was again before the courts facing a new charge of alleged drunk driving.
Police v. Neutze – High Court (22.06.18)
18.128