A woman who swindled a pensioner out of nearly $250,000 will remain behind bars after a failed appeal.
Susan Elizabeth Tainsh, 57, was jailed for 26 months when she was sentenced in the Dunedin District Court in July after pleading guilty to a charge of theft in a special relationship.
Counsel Andrew Bailey argued in the High Court at Dunedin last month that Judge David Robinson got it wrong and that the outcome should have been home detention.
Justice Rachel Dunningham though ruled that the starting point taken by the judge was "clearly within range" and credits he allowed Tainsh were on the generous side.
Tainsh met Arnold Gutteridge when she was working for Chubb Security installing medical alarms in people’s homes, the court heard at sentencing.
At the start of 2021, several months before his death at the age of 69, the man’s health deteriorated and he was admitted to a residential care facility.
Deemed unfit to make decisions for himself, he granted Tainsh enduring power of attorney (EPOA) over his property.
Over the next six months the woman mercilessly bled his accounts of $243,310, $88,469 of which was used for gambling.
Mr Gutteridge’s daughter said the money she was set to inherit was going to be spent on her home, her family business and her son.
"You took away his financial launch pad into adulthood," she said.
When Tainsh’s crimes were identified she remained unrepentant and even leading up to sentencing claimed Mr Gutteridge had wanted her to have the money.
Crown prosecutor at the appeal Robin Bates argued embezzlement associated with abusing an EPOA should be treated more seriously by the court.
Justice Dunningham concurred.
"Mrs Tainsh abused a position which is recognised by the law as one of the utmost trust and confidence. The very purpose of an EPOA is to ensure an individual’s property is managed properly because they are no longer capable of looking after their own interests," she said.
The appeal was dismissed.
Tainsh will see the Parole Board in March.
