Kidnapping and blackmail convictions upheld by Supreme Court

Sara Jane Skeet has lost her bid to have her convictions for kidnapping and blackmail overturned. 16 January 2015 NEWS Hawke's Bay Today

The Supreme Court has upheld a woman's kidnapping and blackmail convictions for forcing a man to empty his bank account at an ATM.

In 2014, a Napier District Court jury found Sara-Jane Skeet guilty on two counts of blackmail, one of kidnapping and one charge of aggravated robbery. She was sentenced to seven months' home detention which she has served.

Skeet appealed and had her aggravated robbery conviction quashed but the Court of Appeal upheld her other convictions.

She took the matter to the Supreme Court where it was heard by Justices William Young, Terence Arnold and Mark O'Regan.

The Crown alleged Skeet threatened the victim by saying she would harm him and/or his disabled daughter if he did not give her money and other assistance, so thereby committed blackmail.

Skeet argued on appeal that a threat of actual violence was not a qualifying threat and referred to a previous case but the Court of Appeal did not accept her submissions.

In the Supreme Court, Skeet's lawyer Chris Tennet argued her reasoning was correct but the court found "the phrase has a plain meaning, which encompasses threats of both direct and indirect harm".

Regarding the kidnapping conviction, the Crown alleged Skeet and an associate threatened the victim with violence, stole his phone, forced to drive to an ATM and withdraw all his money.

They were followed by Skeet's associate and the victim withdrew $2000 and gave it to her.

Tennet submitted the trial judge failed to instruct the jury that if the victim went with Skeet voluntarily, she could not be convicted of kidnapping. The Court of Appeal rejected this argument.

The appeals were dismissed.