The former musical director of Nelson's Symphony Orchestra made a High Court plea yesterday to have his four-year fraud sentence reduced.
David John Lindup, 30, of Nelson, was jailed last month when he appeared in Nelson District Court after admitting nine charges of using a GST tax return for pecuniary gain worth more than $850,000.
The Nelson Mail reported Lindup's lawyer, Michael Vesty, argued in the High Court at Nelson yesterday to have the sentence reduced.
He said the judge's starting point of 5-1/2 years was too high and "manifestly excessive". He argued that the starting point should have been four years.
Lindup should also have been given more of a discount for his guilty plea, his good record and his cooperation with authorities, Mr Vesty said.
Crown prosecutor Glen Marshall said an estimated $640,000 of the money was unrecoverable and Lindup's true remorse had to be questioned when he was not forthcoming about where the money went.
Justice John Wild said he was very concerned about the large amount of unexplained money.
He reserved his decision.
During sentencing in Nelson District Court, Judge Tony Zohrab said Lindup's offending was not victimless.
His offending involved theft from "each and every" member of the community, and was a "clinical and cynical" attempt to take money from Inland Revenue.
"It was a question of greed rather than need," Judge Zohrab said.
