DPP wins appeal over Naila Zaffer’s suspended fraud sentences

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

The Court of Appeal allowed the DPP’s appeal against Naila Zaffer’s wholly suspended fraud sentences, finding them unduly lenient. Mr. Justice Mahon delivered the judgment on 28 October 2016. The proceedings were reported on 28 October 2016.

Zaffer had pleaded guilty to ten counts: three of making a false instrument, three of using a false instrument, three of theft and one of attempted theft.

On 11 May 2016, she received concurrent prison terms of two and a half years on each count. All were suspended in full, subject to a €1,000 bond and conditions.

The conditions required her to keep the peace and be of good behaviour for two and a half years from 11 May 2016. She was to remain under Probation Service supervision throughout the bond, attend all appointments, keep the service informed of her contact details and follow its lawful instructions. She also had to engage fully with the service concerning her addiction, attend all recommended therapeutic treatment and undergo treatment at a residential centre.

The court described the offending as a premeditated, well-planned and carefully orchestrated fraud involving well over €200,000 over a prolonged period.

It recognised her guilty plea, previous good record and difficult personal circumstances, but held that even allowing fully for those mitigating factors, a wholly suspended sentence was unjustified. Serious premeditated fraud would almost always merit custody. The corporate status of the victim might justify greater leniency, but an entirely non-custodial sentence involving hundreds of thousands of euro would normally require exceptional circumstances.

The court said it would consider a replacement sentence.