Former police officer loses jail sentence appeal
A former senior police officer jailed for embezzling nearly half a million dollars from his own hapu¯ has lost an appeal against his jail sentence.
Shaun Joseph Keenan was imprisoned for three years and eight months in New Plymouth District Court in August for fleecing $486,045.71 from Nga¯ ti Te Whiti Whenua Topu Trust during the five years he was employed as the organisation’s chief executive officer.
Judge Garry Barkle imposed a minimum period of imprisonment (MPI) of 50 per cent and ordered he pay $75,000 reparation when released from jail and in employment, despite imminent bankruptcy.
All offenders serving sentences of more than two years become eligible for parole after serving one-third of their sentence, unless the court fixes a minimum period the offender must spend in prison.
In High Court at New Plymouth on Monday, Keenan unsuccessfully appealed the imposed MPI. Defence lawyer Susan Hughes QC submitted that in his sentencing Judge Barkle failed to give any or adequate weight to Keenan’s remorse, his status as a first offender, his desire to attend a restorative justice conference, an apology he made in court and the hardship jail will cause given his previous role as a police officer.
Justin Marinovich, for the Crown, opposed the appeal, arguing the MPI was appropriate and justified.
In her submissions, Hughes said the MPI was not necessary to hold Keenan accountable. He did not need any deterrent from further offending, nor does the community need protecting from him.
But Justice Peter Churchman said given Keenan’s lack of awareness of the consequences of his actions and his significant focus on himself instead of his victims, as detailed in a presentence report, it is debatable whether the community needs protecting from him or that his risk ‘‘has been neutralised’’ as claimed by Hughes.
Furthermore, Justice Churchman said there was a sufficient basis in denouncing Keenan’s conduct and deterring him or others from similar offending that justify the imposition of 50 per cent MPI.
He dismissed the appeal.