Michael Swann.
An appeal by convicted Dunedin fraud Michael Swann
against the non-parole part of his sentence will be heard by
the Court of Appeal in Wellington on November 24.
In March, Swann was sentenced to nine years and six months'
jail, with a minimum non-parole period of four years and six
months.
The maximum penalty available to Justice Lyn Stevens was 21
years, a total of seven years on each of three charges of
fraud involving $16.9 million of Otago District Health Board
funds.
In April, Swann lodged a notice of appeal.
His lawyer, Jon Beck, said Swann's non-parole period
represented 50% of his jail term compared with the more usual
one-third.
In August, Swann was granted "limited legal aid" to enable
his lawyer to prepare a summary of the grounds for the
appeal.
Swann indicated, in a letter to the High Court, he was also
considering appealing his conviction, but an Appeal Court
spokeswoman said this week no such appeal had been lodged.
"However, he can choose to do so by making an application to
appeal out of time.
Such an application could basically be filed at any time in
the future."
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