Fraudster gets community detention

A compulsive Masterton fraudster was sentenced to community detention and ordered to pay reparations.

Benjamin James Gernhoefer, 28, pleaded guilty, at an earlier appearance, to charges of obtaining by deception and theft.

He appeared in Masterton District Court on Monday for sentencing. According to the summary of facts, in July last year, Mr Gernhoefer sold a Subaru Legacy station wagon for $800 but never delivered the vehicle. In explanation to police Mr Gernhoefer said he took the $800 with the intention of delivering a vehicle to the victim but owed one of his associates money and gave the car to him as payment.

In December last year Gernhoefer was staying at an address in Waikato, an address of two of his victims.

At the address were two tablet computers belonging to them. While one of the victims was out Mr Gernhoefer left the address with the tablets. When spoken to by police he said he had completed repairs on the victim's ute for which he was not paid, so he took the tablets as payment.

Defence lawyer Ian Hard said Mr Gernhoefer had recently become a father which was a "life changing experience to him".

"He has very much been focused on his family life. He really doesn't want to be doing this anymore, he is highly motivated to stay out of prison."

Mr Hard said Mr Gernhoefer was not so much motivated by greed, but rather stupidity.

Judge Tom Broadmore said both of Mr Gernhoefer's offences involved breaches of trust and dishonesty.

In relation to the tablets Judge Broadmore said "you rewarded them for their hospitality by stealing tablets".

He said it was not long ago that Mr Gernhoefer served a term of imprisonment for offences of that kind. "I have decided not to do that [send you back to prison]."

He said Mr Gernhoefer had shown remorse and motivation to avoid further offending and that it was possible Mr Gernhoefer's relationship and child would encourage him to lead a life which keeps him out of jail.

Mr Gernhoefer was sentenced to three months' community detention and ordered to pay reparations of $800 and $250.