Aaron Drever appears at Auckland District Court for sentencing in August. Photo / Michael Craig
Aaron Drever appears at Auckland District Court for sentencing in August. Photo / Michael Craig
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.
Former real estate agent Aaron Drever at his then store, The Grocer's Market , in Mt Eden in 2017. Photo / NZME
Failing to provide a sufficient discount was an “error” by the judge, Olsen said.
Drever was also ordered to pay $75,000 in reparation to his victims.
“It is a significant financial punishment to a person currently in prison, who has suffered significant reputational loss and will have to make those reparations in light of the public knowledge of his offending.”
However, Crown prosecutors William Fotherby and Jakob Gibson argued the prison sentence was appropriate and the appeal should be dismissed.
They said Drever obtained $500,000 from the bowling club by “taking advantage of people who trusted him”. He had set up a company under his aunty’s name and used it to purchase, then on-sell a bowling green for huge personal profit.
Pat Bell was the cash-strapped club’s then-president and trusted Drever.
“Mr Drever was close with Pat and exploited him and the historic club for his own gain.”
The speedway fraud involved convincing his late father’s best friend, Bill Buckley, to let Drever help organise race events, only to defraud Buckley’s companies of $101,000 within a matter of months.
Before his mate’s death, Buckley had promised to take care of Drever, the Crown said.
“Bill gave Mr Drever a chance. Mr Drever took advantage of him for his own pecuniary gain.”
Drever’s offending was “planned, premeditated and repeated” against people who trusted him.
“It involved an elaborate series of misrepresentations. Mr Drever’s offending had a real impact on those who have lost a significant amount of money as a result.”
The Crown said the sentence was not manifestly excessive and it rejected arguments around Drever’s previous good character, highlighting that his realty license had been cancelled following repeated misconduct charges.
“Mr Drever has a blighted history as a real estate agent. When the nexus of the prior poor character is so close to the root of the present offending, the court should not give a discount.”
