She called that a “crushing result” disproportionate to the offending.
A total sentence of 74 months to 78 months rather than 98 was suitable, McEntee said.
She said Judge Kathryn Maxwell at the Auckland District Court should have given Coupe a bigger discount.
“The starting point for the June 6th, 2025, sentencing is contended … starting points adopted by Her Honour Judge Maxwell were too high.”
McEntee said similar offenders in similar circumstances had not been punished so severely.
She said the judge in one fraud case involving concealment of $277,709.22 adopted a starting point of seven months.
In another involving a fraud worth $100,030.57, a starting point of 18 months was adopted, McEntee said.
She said that case involved “conniving behaviour” where a criminal was “preying on members of the public and lying even when giving evidence at his jury trial”.
McEntee said Coupe’s sentence had the effect of being crushing.
“The uplift for personal aggravating factor amounts to 25% of the total starting point for all charges. This is too high and disproportionate.”
She said three to five months would be more appropriate.
McEntee said aggravating factors were Coupe’s prior convictions, offending while subject to bail, and offending in breach of bail conditions.
Psychological issues were also raised.
McEntee said Judge Maxwell was not in receipt of Coupe’s mental health problems but, if she had been, could have viewed them as mitigating factors.
“Why was this information not available at the sentencing?” Justice Gardiner asked.
McEntee said Coupe self-represented at an earlier case and did not provide his defence lawyers with psychological details before the sentencing in June.
They included depressive disorder, suicidal ideations and reduced concentration, McEntee said.
She said Coupe also reported experiencing “paranoia, anxiety and dissociation from himself and his environment”.
Aaron Coupe. Photo / File
For the Crown, David Wiseman said Coupe’s offending was “the most severe that has ever come before the courts”.
One of Coupe’s victims paid $1.7m for building work that was incomplete.
“It’s unprecedented … the most egregious case of financial mismanagement the court has ever seen.”
Wiseman said victims experienced terrible financial and emotional damage from Coupe’s offending.
“Yes, it’s a stern sentence, but it’s clearly within range.”
Wiseman said an extreme sense of entitlement motivated Coupe’s offending.
He said the psychological issues belatedly mentioned made no meaningful difference.
“That he chose not to bring it to the attention of his lawyers in this matter is neither here nor there … substantively it doesn’t shift the dial.”
Coupe has since 2013 engaged in property and insolvency offending.
Judge Gardiner reserved her decision, meaning she will hand it down at a later date.
John Weekes is a business journalist covering aviation and courts. He has previously covered consumer affairs, crime, politics and courts.
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