Described as a generous sentence, the High Court confirmed a community detention sentence for recidivist fraudster Brian Damian Hunter after conviction for deception, misrepresenting himself as a Ministry of Education supplier to fraudulently obtain computer hardware from UK supplier ApplianSys.
Hunter has over 150 convictions for dishonesty. The High Court was told he contacted ApplianSys in 2007, claiming to be a consultant with Education and offering to act as ApplianSys’ New Zealand agent. He was sent eight cache boxes and two servers, valued at $30,000, to be trialled in schools. Hunter followed up with advice that he expected to obtain a multi-million dollar Education contract. When advised by ApplianSys that it had scheduled a meeting with an Education representative, Hunter intervened stating he knew the representative personally. He advised ApplianSys to cancel the meeting. No multi-million dollar contract was forthcoming. Some eighteen months later, ApplianSys received an anonymous email warning Hunter was a convicted fraudster.
A police search of Hunter’s home located five ApplianSys cache boxes; the remaining three and the two servers were never located. Hunter pleaded guilty when charged with fraud. The High Court dismissed his appeal against conviction and sentence of six months’ community detention with a daily curfew and 100 hours community service. Having pleaded guilty, it was difficult to appeal conviction. The sentence imposed was generous, the High Court ruled.
Hunter v. R – High Court (7.12.20)
21.010