Six months P.D. for debt collector

Press, 15 May 1985, Page 4

Six months P.D. for debt collector

A former Christchurch repossession agent and debt collector now living in Dunedin was yesterday sentenced to six months nonresidential periodic detention when he appeared for sentence in the District Court in Christchurch yesterday for six offences committed in relation to his work in Christchurch. The defendant, Leslie Neil Duncan, aged 43, had been found guilty by a jury at his trial last month of four charges of theft by failing to account involving ?7859, one of false pretence involving $14,800, and one of converting to his own use a car valued at $2BOO.

The jury had found him not guilty on three other charges. The six offences occurred between December, 1983

and July last year. In submissions in mitigation of penalty yesterday, Mr G. S. Brockett, who appeared with Mr J. G. Hardie for the defendant, sought a suspended sentence. He traversed the circumstances of the various charges, and said some matters were the subject of civil litigation. Mr Brockett produced testimonial letters from the principals of two Christchurch companies for whom the defendant had worked.

Mr Brockett detailed the defendant’s involvement in management and coaching of gymnastics. He was involved in the sport especially with junior gymnasts at a provincial and, to a lesser extent, a national level.

He was a member of the Otago Gymnastics Association’s management committee and on the technical committee for Otago-South-land. He had run clinics and been involved in coaching the sport. The defendant had already suffered a severe punishment by having been put out of business because of the charges. Mr Brockett suggested that the offences arose because the defendant had been “perhaps over-con-scientious in trying to do too much for too many people in his debt collection business and had found himself in this position.”

He sought a suspended sentence or other leniency to help the defendant to rehabilitate.

Miss K. P. McDonald, who

appeared for the Crown, made no submissions.

Judge Fraser said the charge of theft by failing to account involving the largest amount, $6900, involved the defendant’s delay in payment rather than total non-payment. During the period of delay he had used the funds or portion of them, for his own purposes. The Judge said all the matters had arisen from the defendant’s activities in his debt collection and repossession business.

On six charges the jury had found that the defendant had been dishonest. It appeared that he had used his business as a means of entering into transactions which he fraudulently turned to his advantage. The Judge said references from other persons in the

commercial field showed they had been well satisfied with his services, and testified to his honesty in handling their affairs.

The defendant was now fortunately out of this business. He had strong family ties and support. The Judge said a suspended sentence would be

quite inadequate for the offences.

Imprisonment was not required, taking into account the defendant’s personal circumstances and the circumstances of the case. Periodic detention was an adequate and appropriate sentence, the Judge said.