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The Court of Appeals held its decision on Sam Spence’s appeal against a prison sentence of more than five years.
A roofer whose string of “phoenix” deals rose from the ashes of its previous failures has appealed his five-year and six-month prison sentence.
Sam Oliver Spence has worked primarily in the Auckland area, threatening elderly and vulnerable customers, his creditors and others with whom he had dealings while running a number of roofing companies called “Compass,” a court previously advised became.
Complaints against him had also appeared on the consumer affairs program Fair Go, where he admitted to sending an offensive email to someone who had disputed a bill.
“And to mention if it isn’t paid you will be in default. The only thing behind is your face, which makes sense for your type … the gay bar, ”he wrote in the email.
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He had pleaded guilty to twelve counts, including the first such charge of particular violations of corporate director’s duties and violating Phoenix trade laws, among other things. He was sentenced to five years and six months in prison.
On Tuesday, the appeals court was told that Spence had a head injury and Tourette syndrome, which his attorney counted as one of the disinhibiting personal factors that contributed to the crime.
Attorney Nick Chisnall said it was a reckless insult resulting from Spence’s desperation to keep his business and employees going.
But Crown attorney Emma Hoskin said all of the companies were insolvent and had not paid taxes.
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The companies of Sam Spence have “completely” failed to pay taxes, announced the crown. (File photo)
He had a new company that was ready before his last one failed, and that went on despite liquidation, bankruptcy and arrest, she said.
It was alleged that he caused losses of more than $ 1 million to creditors, including the Revenue Service for unpaid taxes, as well as clients who paid for work that was never or poorly done.
It has also been alleged that his own company posted a loss of more than $ 1 million.
Chisnall said there was some double counting in the estimated losses and some were not directly related to the crime but the result of “poor processing.”
Hoskin said it was clear to the judge that there was some uncertainty about the size of the loss and the double counting involved, and that he was not making the conviction tied to a specific sum.
Chisnall had said Spence had been wrongly treated as if he had committed fraud, so in May 2020 he received what is still the longest prison sentence for his type of crime.
Spence was more inconsiderate than calculated, he said.
But Hoskin said it was semantics to say that Spence’s crimes were different from cheating. He would start businesses to frustrate creditors, leaving mailbox companies behind.
Spence did it three times over three years so he could get on with his business while they went into debt. It was persistent and on purpose, she said.
It was clear that he had been diagnosed with Tourette and that he had a head injury. But Spence also had a “keen eye” for what might advance his own interests. He produced forged documents in an attempt to reduce his sentence.
The three judges of the court of appeal have reserved their decision.
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