Brian Hunter
A serial conman who flew a plane without a licence has failed in another attempt to his appeal his sentence.
Brian Hunter, 55, has a history of faking his identity and flying without a licence. He was jailed for pretending to be a flying instructor at the Waipukurau-based club, several years ago.
Last January he was sentenced to 300 hours community work after pleading guilty to one charge of operating an aircraft without the required documentation. He was also given a final warning by Judge Tony Adeane.
Hunter had his first appeal against his community work sentence dismissed so he lodged a second one. The Court of Appeal has today dismissed Hunter's second appeal application.
In September 2012 Hunter expressed an interest in purchasing a plane and travelled to Mahia to meet the seller, Richard Coop, court documents state.
Hunter introduced himself as Brian Shaw and told Mr Coop he had significant prior flying experience in New Zealand and Australia and had flown a number of different aircraft. Mr Coop took Hunter on a flight out to Portland Island off Mahia Peninsula, at which point Hunter asked if they could do a circuit to Wairoa.
When flying from Portland Island to Wairoa, Hunter controlled the aircraft from the right hand seat of the plane.
Mr Coop then landed the aircraft and the pair swapped seats so Hunter was in the command seat.
The summary said Hunter completed two circuits from Wairoa.
"However, during the first approach to land, Mr Coop felt nervous about the way Mr Hunter was flying the aircraft and briefly placed his hands on the controls. He did not, however, take control of the aircraft."
Hunter then completed a take-off and landing without concern and eventually swapped seats with Mr Coop, who flew the plane from Wairoa to Mahia.
Despite indications that he wanted to purchase the plane, nothing ever eventuated. Some weeks later Mr Coop was discussing his experience with "Brian Shaw" with aviation associates, concerned he may have been misled.
He subsequently contacted the Civil Aviation Authority, which began investigating.
Hunter's counsel Philip Ross submitted to the Court of Appeal that a significant miscarriage of justice had occurred because neither the defence counsel or the Judges in the District of High Court appreciated the "true situation of the control of the aircraft in the circumstances in which the offending took place."
In the decision released today, Justice Geoffrey Venning said Hunter never disputed the summary of facts before the District court or when appealing to the High Court.
He stated that the summary of facts was not inaccurate.
"It correctly recorded that Mr Hunter has never held a New Zealand pilot's licence."
Hunter claims he passed his flight test for a private pilot licence in 1975. The Civil Aviation Authority acknowledged that Hunter may have undertaken some flight training and held a student pilot's licence.
However, in 1986 the Authority ruled that Hunter was not "fit" to hold a licence and declined the medical assessment which was a pre-condition of him obtaining his pilot's licence.
The Authority also cancelled his student licence because he falsified his medical application.
"Other than Mr Hunter's bare assertion there is no evidence that he had previously held pilot's licence."
Justice Venning said given Hunter's previous dishonesty convictions he was not prepared to accept his evidence without corroboration.
"Mr Hunter knew he did not hold a pilot's licence. His offending was not inadvertent."
Justice Venning ruled that 300 hours' community work was not a "manifestly excessive" sentence and dismissed the appeal.