Jailed for 2 years for $130k benefit fraud

A Balclutha woman was sentenced in the Gore District Court yesterday to two years' imprisonment for benefit fraud of more than $130,000.

Karina Ann McHardy (51) was also ordered to pay $132,308.43 in reparation.

McHardy claimed a domestic purposes benefit from September 7, 2002, to August 30, 2011, while living with her now late husband, who was a fulltime forestry worker. McHardy also claimed an accommodation supplement from 2002 to July 30, 2007.

She admitted the fraud in the Dunedin District Court in May.

McHardy's lawyer, Carmen Jillett, argued for home detention, saying McHardy was in an abusive relationship and had asked her husband to leave after a fight with her oldest son, which was when she enrolled for the benefit.

She said McHardy only wanted to provide for her children and the dishonesty was the only way she believed she could do that.

''She wanted that front of a happy relationship.

You don't tell people about your abusive relationship.''

Ministry of Social Development prosecutor Michael Wilson said the argument at the sentencing stage was not credible, as she could have used it successfully as a defence during a trial.

He noted a lack of evidence beyond written submissions from her children of the alleged abuse of her late husband.

The ministry submitted in its summary of facts that McHardy continued living with her husband until his accidental death, when she was granted accident compensation.

''What would the man on the street think to hear that such serious offending received home detention?'' Mr Wilson asked the court.

''My submission is that he would be surprised.''

McHardy had a history of dishonesty that resulted in convictions in 1998 and 2005, which Judge Christina Cook said showed a pattern of dishonesty.

Judge Cook spoke to the issue of a violent relationship.

''There is nothing objectively that would support that you were in such a relationship.

''I accept that while it may have been an element in your life, I don't accept on the information from today that there was an abusive relationship to such an extent that would affect your access to these funds.

''There is nothing which would suggest that your husband's income wasn't accessible to you.''

Judge Cook told McHardy that imprisonment rather than home detention would denounce her actions and serve as a deterrent.