Mr Brewer was convicted last year in relation to his management of Intervest Global NZ while he was bankrupt, which is a breach of the Insolvency Act. That company sold horse betting software and is now in liquidation. In July he pled guilty at the District Court and was convicted. Judge O'Driscoll agreed, saying an agreement to pay full reparation is unusual and suffucient punishment.
The Ministry of Business, Innovation and Employment has sought to appeal the sentence at the Auckland High Court, saying it is too light to act as a deterrent and sends a message that money can get convicted criminals reduced sentences. Today Crown prosecutor Steve Symon argued a few months of home detention should be added to the sentence.
It was implied that Mr Brewer would work for his then-employer Phoenix Forex. The judge could have ordered Mr Brewer to home detention, delaying his work overseas, and no reparations would have been paid, he says.
At sentencing, Judge O'Driscoll gave Mr Brewer "maximum credit" for his reparation payment and guilty plea. Home detention, the judge said in October, would only cause further problems stemming from the bankruptcy, such as a delay in any civil proceedings.
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