A top-end benefit fraudster just avoided an early start to a jail term the judge described as “inevitable” for offending totalling $347,408, after asking for a second sentencing delay.
Pauline Urana Lowen, 71, a retired hospital worker, had her sentencing put off last year to sort out difficulties with a reparations offer because police had got an order to freeze her assets for possible seizure.
A week ago, she parted company with her second lawyer – the first one withdrew for health reasons – and a third lawyer, Linda Drummond was appointed.
Miss Drummond today asked for a further remand for sentencing because she had only just been assigned and wanted more time to prepare sentencing submissions and documents.
Judge Charles Blackie said: “I detect delaying tactics (by Lowen).” The charges dated back more than two years and Lowen had pleaded guilty six months ago, and a sentencing date in December was adjourned.
Lowen, who also goes by the surnames Mundy and Williams, had pleaded guilty to five charges including two representative charges covering dozens of individual offences. She admitted two charges of obtaining money by deception, two of dishonestly using a document, and one of using a forged document.
When she pleaded guilty in August, her lawyer asked for a long remand for sentencing so that the civil forfeiture proceedings brought by the police could be decided. The lawyer argued that she should be allowed to dispose of her property herself so that she could offer a substantial reparation payment at her sentencing.
The Ministry of Social Develment said she had received benefits she was not entitled to over 20 years. Inquiries showed that she began living in a marriage-type relationship, and married her partner in 1997. Her partner was employed and she was not entitled to the single rate of benefit.
She began work for the Canterbury District Health Board in 2008, but she was not detected by data matching by the Inland Revenue Department because she used a different IRD number for benefit purposes, and she used a different birth date.
Over 20 years, she submitted 49 forms to the MSD containing false details about her relationship status, her work, and her income and assets.
The main overpayments over the 20-year period were $113,524 for the invalid’s benefit, $68,454 for the accommodation supplement, and $61,207 for the domestic purposes benefit.
Judge Blackie considered whether bail should be granted for the further remand because he said: “The the sentence she would get is inevitable.”
Miss Drummond argued that Lowen should be readmitted to bail. There had been no breaches of her current bail terms and she had health issues, and had matters to sort out regarding reparation.
Judge Blackie told Lowen: “You have basically stolen $347,408 from the community which puts you at the upper range of benefit fraud cases. The inevitable sentence is going to be a custodial one.”
But he said Miss Drummond had persuaded him “by a narrow margin” to allow bail until Lowen’s sentencing which is now scheduled for May 10. He warned Lowen she would not get another remand.
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