A British man who helped steal $337k from Auckland scam victims stands to inherit his share of the theft, a judge has warned.
A British man who helped steal $337,700 from 21 mostly elderly Auckland scam victims refused to cooperate with police and stands to inherit his share of the loot when he’s released from prison, a judge says.
The judge has thrown out Jack Hennessy’s appeal against the length of his sentence,warning the incarcerated fraudster “it could well have been higher”.
The 26-year-old is serving three years and three months in jail after pleading guilty to 25 counts of obtaining by deception in offending labelled “reprehensible”, premeditated and “carried out with almost military-like precision”.
The victims were convinced to withdraw the money in the belief they were assisting undercover detectives in a sting operation targeting crooked bank staff and counterfeit notes.
He claimed associates in London loaned him a Swiss-made Richard Mille watch – described as “a racing machine on the wrist” – worth more than $200,000.
But within 90 minutes of donning the lavish timepiece, he says he was mugged and the watch stolen. The crime network then demanded repayment and warned of violent consequences if he did not fly to New Zealand and act as a “bag man” for the scam.
Jack Hennessy being sentenced in Auckland District Court on charges of obtaining by deception. Photo / Sylvie Whinray
Hennessy appealed his sentence and the matter was heard this month before Justice Timothy Brewer.
Hennessy’s lawyer Johann Schlebusch argued the sentencing judge’s six-year starting point was manifestly excessive.
But Justice Brewer pointed out that Hennessy had received a generous discount of 45% for his guilty pleas, remorse, participation in restorative justice meetings and recognition of the difficulty he would have being jailed in a foreign country.
The judge also noted that Hennessy had refused to cooperate with police or reveal the identities of his co-offenders.
And the amount stolen from Hennessy’s vulnerable victims was extremely high.
“When your client gets out of prison he is going to be entitled to his share of that ... and he hasn’t cooperated with the police about who he was working with and where they’re going to be.”
On Hennessy’s restorative justice meetings with victims, the judge said: “So he goes and sees three of them and says, ‘I’m really sorry I did that, but of course I’m not going do to anything at all to help you get your money back’.”
When the defence lawyer raised Hennessy’s claims about being pressured to take part in the scheme due to fears for his family, Justice Brewer appeared sceptical.
“But he came to New Zealand with the purpose of participating [in the scam]. His ticket was purchased for him.”
Schlebusch tried another tack, arguing his client had a “physical impediment” and was “isolated” in New Zealand with no support in prison.
Justice Timothy Brewer dismissed the appeal, telling Hennessy his sentence 'could well have been higher'. Photo / NZME
In a reserved decision, Justice Brewer dismissed the appeal, saying the sentencing judge had noted the need for “denunciation and deterrence”.
The offending was serious and highly premeditated, Justice Brewer said.
“Mr Hennessy travelled from England to take part in the fraudulent scheme and it was put into effect the day after he arrived.
“The scheme involved impersonation of a police officer. Public confidence in the police is a vital element of a democracy. Exploiting that confidence, with the risk of undermining it, is an aggravating factor not present in any of the comparator cases.”
The judge said Hennessy played a central role in the criminal scheme, visiting the victims’ homes and taking their money. The victims were all made vulnerable by the deception, “but many of them were particularly vulnerable because of their advanced age”.
A still image from CCTV footage showing British fraudster Jack Hennessy (inset) trying to escape from police on Hobson St, central Auckland in June 2024.
The judge said Hennessy also tried to escape custody after being spotted by detectives and arrested in central Auckland.
The 10% discount for remorse was generous, Justice Brewer said.
“I accept that Mr Hennessy attended four restorative justice meetings. But, he has done nothing to help his victims recover their money. He has refused to co-operate with the police. There is nothing to say that on his release from prison Mr Hennessy will not receive his share of the $337,700.”
Justice Brewer also questioned the 5% discount Hennessy received for being a foreign national, which might not have been given by another judge.
“Mr Hennessy is English. He came to New Zealand to commit the crimes for which he has been sentenced. It is a rum thing to reward him for doing so with a specific discount.”
Hennessy will appear before the Parole Board for his first bid at freedom next month, but is expected to be deported the moment he is released.
