Tauranga motor racing couple Grant and Lorraine Brennan have been sentenced to more than two years jail on fraud charges today.
Judge Glen Marshall sentenced Grant Brennan to two years and 10 months jail, while Lorraine Brennan will serve a term of two years and five months.
Crown prosecutor Richard Jensen wanted a starting point of six years for what he described as an elaborate scam, which resulted in the payment of $408,703.35 in fraudulent ACC and home help payments.
He says the level and scale of the Brennans' deception was at such a level it wasn't paralleled by any other cases.
The Brennans' lawyer Paul Mabey QC argued for a four year starting point.
He said fraud is fraud, and that the details of the Brennan case have been exceeded in both amount, and complexity in other frauds.
Grant Brennan began receiving ACC payments while recovering from a head injury he sustained in an assault in 1999.
The payments were made from 1999 to 2011, and home help for Lorraine Brennan from 2004 to 2011.
Judge Marshall found the Brennans guilty of 44 charges each involving a total of $404,703.35 – which has since been repaid by the Brennans.
The judge referred to evidence that Grant Brennan continued taking part in motorsport after his accident, and reports from customers who gained the impression from conversations that Grant Brennan continued to be highly involved in their business Brennan Racing.
He also accepted the evidence of the psychologists, psychiatrists and neuro psychologists presented in the trial.
Judge Marshall set the starting point at four years and three months, giving credit for the repayment.
Lorraine received a little extra credit for her good character but Grant, who has a previous, but historical court conviction, did not get the extra credit.



11 comments
System all wrong
Posted on 22-02-2016 16:03 | By Hot stuff
Here is where our courts get it wrong , these guys have paid back the so called wrong payment and get jail . Others have done a lot worse , taking millions and will never pay it back and get the same or less . They had a good business and now the tax payer is shelling out to keep them in jail when they could have been given home d and still kept it going , resulting in GST and tax payments It looks to me like they've been made scape goats of in a crazy system
Typical
Posted on 22-02-2016 16:41 | By Sandy Fordyce
I would have to agree with Hot Stuff... The fraudulently gained amount has been paid back and there would be no real advantage in having this couple put into the penal system where we the Tax Payer have to pay to house them. They could have kept on contributing to the Community and paying their taxes had they not been treated this way by the justice system. I don't know this couple, and I don't know the in's and outs of the Case, but if the amount was payed back, what is the point of putting them in jail, when others who have done much worse get a slap on the wrists. I don't get our Justice System.
Happy to pay Hot Stuff
Posted on 22-02-2016 17:48 | By maildrop
Don't mind my taxes being used to have them in the clink. Prison is about punishment. If they paid it back it was only because they got caught! If the "deterrent" was you only paid back IF you got caught then it just encourages giving it a go. Wake up.
Maildrop
Posted on 22-02-2016 18:47 | By Kenworthlogger
Yep totally agree with you on this one.. Good job.
some what one sided
Posted on 22-02-2016 23:48 | By Darth Vader NZ
I understand the punishment was for fraud but have yet to see others with far greater frauds receive the same punishment, not only are the Brennan's guilty of fraud so to must those that certified the medical certificates for all those years and all the specialists reports too as ACC require a medical certificate every 3 months which a GP must certify that said person is unable to work. ACC would also ensure a full examination was completed by a specialist too yet they are without blame ? But I suspect as ACC is a government department the penalty was always going to be greater then anyone else that has been defrauded
Spot on Maildrop
Posted on 23-02-2016 07:20 | By bushman
If they did not get caught they would not have paid it back in fact probably would have carried it on.Need to be more of these type put away especially the white collared variety
hot stuff
Posted on 23-02-2016 07:43 | By kb
If someone robs a bank and gets caught, they give the money back, they go free?? I don't think so!!
OMG
Posted on 23-02-2016 08:35 | By tonyb1965
What is wrong with you a successful business, motor racing for their hobby and still want to rip off the system if all I had to do was pay back the principal I would do the same, the benefit of $400 grand no interest and no jail time would interest me that certainly would prop up my business and maybe I can go have an expensive hobby too, like saying if your house gets burgled and the offender returns your stuff just shake hands and call it life experience
About time
Posted on 23-02-2016 08:51 | By Tga local
Great to see the criminals paid back the $400k. Who doesn't have that amount of money hanging around in case it's needed? You would also hope that a business topped up by the taxpayer would be a success, especially competing against businesses that don't get any assistance. I do agree with Sandy Fordyce that other people (ex finance ministers even) have done worse and got far more lenient sentences, but hopefully the legal system is starting to punish the criminals and this is a starting step.
different rules for MP's
Posted on 23-02-2016 09:29 | By Captain Sensible
When a politician gets caught fiddling their expenses and then pays it back, making some BS excuse, they get away scot-free. Different rules for politicians eh?
oh well
Posted on 23-02-2016 10:11 | By MaureenR
Whats good for one should work for the other, I knew a woman who defrauded the ACC dept of over 300,000, they never took her to court because they knew they would never get their money back, this woman had a history of defrauding Winz etc, they never got their money back either...At least money was paid back in this case so think sentence is a bit harsh in this case..
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