Disgraced real estate agent appeals against prison sentence

PHOTO: Aaron Drever. FILE

According to the NZHERALD a disgraced real estate agent jailed for defrauding Auckland Speedway and Avondale Bowling Club of nearly $600,000 is appealing against his jail term, arguing his personal circumstances mean he has diminished moral culpability for his offending.

But the Crown says Aaron Drever has a “blighted” professional record and used the skills he learned as an agent to exploit those who trusted him for personal gain.

Drever was jailed for two years and two months when he was sentenced on a raft of dishonesty and forgery charges in August at Auckland District Court.

He admitted stealing more than $100,000 by creating fake invoices while volunteering for the speedway company and pocketing nearly $500,000 in a cunning property deal involving bowling club land.

Drever was once one of the country’s most high-profile real estate agents, selling hundreds of homes across West Auckland and earning millions in commission. But he fell from grace, losing his licence after notching up a record 12 adverse disciplinary findings in 2016.

The convicted fraudster is also an undischarged bankrupt following the collapse of his Grocer’s Market enterprise, in which he was found personally liable for almost $500,000 in debt.

Following Drever’s sentencing in August, his lawyer James Olsen filed a High Court appeal.

Submissions, obtained by the Herald, show Olsen argued Judge Barney Thomas failed to give proper discounts for Drever’s “previous good character” or his prospects of rehabilitation.

“There was an error in Mr Drever’s sentencing which warrants the imposition of a different sentence,” Olsen wrote.

“Accordingly, the appeal should be allowed, the sentence of imprisonment set aside and, in its place, a sentence of home detention substituted.”

During the sentencing, Judge Thomas noted he had received a report “attesting to Mr Drever’s personal background”, including his mental health. But the judge found these factors did not excuse the offending, and ruled no further discount in sentence was warranted, other than those already given to reflect Drever’s guilty plea, remorse and “difficult personal circumstances” relevant to his culpability.

These personal circumstances were not made public.

Olsen’s submission said the judge was required to take into account Drever’s personal situation which might render the final sentence “disproportionately severe”.

He pointed to a precedent case in which such circumstances “might be considered to have impaired choice and diminished moral culpability” in terms of someone’s offending.

Olsen wrote it was “improper for a sentencing court to reason that because other similarly situated individuals do not offend[,] no or little discount should accrue for background factors causative of the offending personal to the defendant”.

He also argued that Drever should be given credit for his previous good character, and for being a “contributing and productive member of society” up until his offending in 2016 and 2019.