A jail term imposed on a former Victoria University accounts manager for fraud has been overturned so she can care for her young children.
Rebekah Procter pleaded guilty to taking almost $500,000 from Victoria University. Photo: SUPPLIED / Google Maps
Rebekah Procter was jailed for two years and five months in July after pleading guilty to taking almost $500,000 from her former employer.
The High Court has now reversed that decision and Procter has instead been sentenced to 12 months' home detention and 100 hours' of community work.
In overturning the District Court's decision, the High Court was told the childcare centre that one of her children attended recently closed down, and her husband was struggling to cope by himself.
It heard Procter suffered from depression before her offending - a diagnosis that previously wasn't available.
"[Procter's doctor] notes that the appellant has a fragile mental state, and has suffered from a depressive illness, marked with three severe periods during which she was suffering distress," said Justice Cull.
"Importantly, her depression commenced in October 2012, prior to the time the appellant started offending. The second depressive illness was during her second pregnancy, at a time in November 2013, and the third, when the offending was discovered."
The High Court also took into account the fact Procter has already made reparation payments of $250,000, and had shown remorse.
"The appellant has made reparation of $250,000, by the sale of the family home, car, assets and the family's bank accounts," said Justice Cull.
"Although civil action was commenced to recoup the university's losses, the appellant cooperated in the sale of the family home and assets to make reparation. This indicates a great degree of remorse."
The university was refunded for its loss by its insurers, who in turn sought recovery from Procter.
At her original sentencing in July, Judge Ian Mill said Procter created a false company and awarded it contracts for things like lift maintenance, cleaning and care of the university grounds.
He said the offending was long-lasting and involved a serious breach of trust.
In a statement, Victoria University said it was "reassured to see that the New Zealand justice system takes instances of fraud by people in positions of high trust seriously and holds individuals involved accountable for their actions".
