Desperate to avoid deportation for fraud offences, Manoj Kumar’s appeal against conviction fell over when he admitted offences of deception and theft when seeking leave to appeal.
In 2017, Kumar pleaded guilty at a District Court trial for his part in an employment scam engineered through 2 Cheap Computers Ltd and for his theft of hired camera equipment. When Cheap Computers advertised a staff vacancy, nine applicants paid across a total of $59,250 after being told this money would help their visa applications. The money was then stolen. Film equipment hired by Kumar valued at $95,100 was also stolen. The day after flying out for India, he sent a brief email to the hire company saying the equipment had been lost, expressing the hope it was insured. Kumar was arrested when he returned to New Zealand five months later.
At his trial, Kumar accepted a prosecution offer of six months community detention plus payment of reparations in return for a guilty plea. Later learning that conviction meant deportation, Kumar sought to appeal, asking the Court of Appeal to allow his appeal nearly one year out of time. Kumar appeared in person. Approval for a retrial was refused. There was no miscarriage of justice. Kumar admitted the offences when explaining why he should be allowed to appeal, the Court said.
Kumar v. R. – Court of Appeal (3.08.20)
20.133