A Gore woman convicted of prescription fraud has her sentence reduced on appeal, but still cannot be named.
At a hearing in the High Court at Invercargill today the 38-year-old appealed rulings by Judge Russell Walker at her conviction and sentencing on three fraud charges in the Gore District Court in March.
While working as a contractor for Gore Health Ltd, the woman printed false prescriptions and forged a signature to obtain tramadol and codeine for her personal use.
At today's hearing, counsel Bill Wright appealed the conviction, sentence, and refusal to grant her permanent name suppression in March.
For all three points of the appeal, the defendant's mental health and addiction issues should have been Judge Walker's primary consideration, Mr Wright said.
“You will virtually destroy this woman if you make her a criminal.”
He argued the offending had been “opportunistic", and there were no victims.
Crown prosecutor Mike Brownlie said everyone in Southland already knew who the woman was, and agreed with Mr Wright “the horse has bolted” in that regard.
Therefore, seeking name suppression was pointless, Mr Brownlie said.
Justice David Gendall said the offending was a “sustained attempt at obtaining medication that [she] was not entitled to”.
He agreed with Judge Walker's finding there had been a significant breach of trust and an element of premeditation.
However, he said the sentence of 125 hours' community work and 12 months’ supervision was too harsh, and he reduced it to 75 hours’ community work and nine months' supervision.
He did not uphold the appeal in relation to permanent name suppression or a discharge without conviction.
Mr Wright immediately indicated the defendant would appeal the name suppression ruling to the Court of Appeal.
Justice Gendall granted an extension of interim name suppression for five working days so the appeal could be lodged.