KEY POINTS:
Bruce James Dale's old life - the one he ditched with a faked suicide at Port Waikato six years ago - caught up with him today as he began a two-year four-month prison term on five fraud charges.
The 43-year-old started a new life in Christchurch under a
new name, Michael Peach, which he stole from a baby's tombstone.
With a new IRD number and driver's licence he was able to buy properties, set up bank accounts, operate a business, start a new relationship.
In Christchurch District Court today, Judge Paul Kellar rejected his claim that it was a victimless crime and that he had not profited from it.
The judge accepted the Crown's view that Dale had profited in all sorts of ways, including being able to start a new life guilt-free, knowing that his wife and three children were being looked after through a false $1.1 million insurance pay-out.
Outside the court, his defence counsel Barry Hart signalled that Dale was now looking at all options including a possible appeal of the jail term.
Dale had pleaded guilty to five fraud charges relating to the insurance policies - the names of the two companies remain suppressed - and the dishonest steps he took to obtain the documents he needed for his new life.
His sentencing was delayed in July for a psychiatric report to be obtained. It was completed and sent to the court today.
Crown prosecutor Brent Stanaway rejected it as "amounting to babble at times", but Mr Hart defended the findings.
The report - largely self-reported by Dale from the time his life and relationship was deteriorating - indicated that he was suffering from a major depressive disorder, an adjustment disorder, and "a substance disorder with alcohol and drug components".
Mr Hart said the two insurance policies had existed before Dale made the arrangements to disappear.
Dale took money from his bank account, left the insurance policies on a dresser at his home, left behind empty bottles of bourbon and coke, and abandoned his car at Port Waikato. He also arranged a cycle which he rode away on after leaving the car.
Fifteen search and rescue staff spent 160 hours looking for him and the police helicopter was in the air for nine hours.
Mr Stanaway said there had been significant personal gain to Dale.
The pay-out had provided for his family and enabled him to disappear guilt-free and escape investigations that were then under way and which could have led to a jail term.
Crown prosecutor Kathy Basire read victim impact statements from his second wife, and from the family of the baby whose name he stole.
The former wife said: "He's got no backbone. He's got no heart, no love for his kids. He's just sorry he got caught."
She told how she and the two sons had gone to Port Waikato on the anniversary of his death and had let little boats go out onto the water with notes of love for their father.
His "death" had been devastating, just as the realisation that he was still alive had been devastating.
Dale has a daughter by a previous marriage.
The family of baby Michael Peach whose name Dale took told of their "utter distaste" with someone using the name to deceive his wife and family. Michael lived only 10 hours after his birth in 1961.
"Michael was a sad but lovely memory to us. That memory now includes the terrible things that this person has done in the name of Michael."
Dale had offered to pay reparations of $30,000, which Mr Hart said was all the money he had in the world. But the offer was contingent upon him staying out of jail and continuing to be able to pay it back weekly.
Judge Kellar did not accept the offer and said a home detention sentence was not appropriate.
He said Dale had set out to start a new life with a clean slate "to avoid the repercussions of your former life, personally, emotionally, and financially".
"Your wife had to cope with the stress of your disappearance and apparent suicide. She and your children are struggling to cope with the knowledge that you are still alive and have made no contact with them in the intervening years."
- NZPA
