Prescription fraud sentence reduced; name suppression appeal sought
A GORE woman convicted of prescription fraud had her sentence reduced on appeal, but still cannot be named.
At a hearing in the High Court at Invercargill yesterday, the 38yearold appealed rulings by Judge Russell Walker at her conviction and sentencing on three fraud charges in the Gore
District Court in March.
While working as a contractor for Gore Health Ltd, the woman printed false prescriptions and forged a signature to obtain tramadol and codeine for her personal use.
At yesterday’s hearing, counsel Bill Wright appealed the conviction, sentence and Judge Walker’s refusal to grant her permanent name suppression.
On all three points, the defendant’s mental health and addiction issues should have been the court’s primary consideration, Mr Wright said.
‘‘You will virtually destroy this woman if you make her a criminal.’’
He argued the offending had been ‘‘opportunistic’’, and there were no victims.
Crown prosecutor Mike Brownlie said everyone in Southland already knew who the woman was.
Therefore, seeking name suppression was pointless, Mr Brownlie said.
Justice David Gendall said the offending was a ‘‘sustained attempt at obtaining medication that [she] was not entitled to’’.
He agreed with Judge Walker there had been a significant breach of trust and an element of premeditation.
However, he reduced the sentence of 125 hours’ community work and 12 months’ supervision to 75 hours’ community work and nine months’ supervision.
He did not uphold the appeal in relation to permanent name suppression or a discharge without conviction.
Mr Wright immediately indicated the name suppression issue would be appealed to the Court of Appeal.
Justice Gendall granted an extension of interim name suppression for five working days so the appeal could be lodged.