• Aaron Carl Drever requested home detention after a “savage” assault in prison.

• The Crown argued Drever is a “calculated criminal” with little self-awareness of his crimes.

• Justice David Johnstone reserved his decision after hearing arguments from both sides.

A disgraced former real estate agent and convicted fraudster has asked a court to commute his latest prison sentence to home detention in recognition of a “savage” assault" he suffered while behind bars.

But the Crown has described Auckland man Aaron Carl Drever as a calculated criminal who committed “cynical fraud offending against the bankruptcy regime” while on bail for other crimes.

The Crown says Drever has little self-awareness about the harm resulting from his offending and wants him to remain incarcerated.

Drever was jailed for 15 months in March after admitting insolvency charges and impersonating a rich businessman, relating to his management role with a fast food business while an undischarged bankrupt.

Auckland District Court Judge Evangelos Thomas - who greeted Drever with a “welcome back” as his case was called earlier this year - told him it was one of the “worst examples of people deliberately circumventing their bankruptcy obligations” he had seen.

Drever - who was once one of the country’s top real estate agents, selling hundreds of homes and making millions of dollars in commission - appealed the 15-month jail sentence and his case was heard today in the High Court at Auckland.

Drever’s lawyer Shannon Withers told Justice David Johnstone the sentencing judge should have used his discretion to commute the sentence to home detention.

Though a sentencing report found Drever presented a moderate risk of re-offending, it recommended home detention be imposed.

Withers said Drever had suffered horrific injuries when he was “seriously and savagely assaulted” by another inmate during his first prison stint for fraud offending.

The Herald reported at the time how an inmate attacked Drever in Northland’s Ngawha Prison kitchen, ripping open his nasal cavity with a grille hook after an argument over food.

Aaron Drever pictured working as a caterer during an event attended by Prime Minister Chris Luxon. Photo / Alex Burton

Withers said Drever was diagnosed with post-traumatic stress disorder following the attack and was fearful of suffering further violence after being sent back to prison.

“The appellant describes the sentence and attack as life-altering.”

Quoting Drever, Withers said: “Even now I have recurring nightmares. I wake up in a cold sweat remembering the overwhelming sense of vulnerability.”

Withers said the experience Drever had suffered in prison “is one that’s going to have continuing effects on his mental health and wellbeing”.

Sending him back to jail for the bankruptcy offending was “disproportionately severe”.

Withers said the court should impose the least restrictive outcome available, and it was desirable to manage offenders in the community rather than in prison.

In granting Drever parole in September 2023 after his initial lag, the Parole Board had assessed him at that time as not presenting an undue risk to community safety, Withers said.

He had undergone counselling sessions behind bars with a psychologist in a bid to address his behaviour.

Bill Buckley gave Aaron Drever a job at Auckland Speedway. Drever repaid him by stealing $100,000. Photo / Michael Craig

The behaviour included stealing about $500,000 from Avondale Bowling Club in a cunning land deal and another $100,000 from his good friend Bill Buckley at Auckland Speedway - offending for which he was jailed for two years and two months in August 2022.

A restorative justice payment plan to reimburse his victims was at risk by his continued incarceration, Withers said.

He added that Drever was prepared to pay reparation to the victims of his latest offending.

However, the judge pointed out that as an undischarged bankrupt who no longer had control of his finances, this was not a promise Drever could legally make.

Withers said this was not something Drever “fully grasps” but his client was simply “trying to make right” to those he had wronged.

“He doesn’t want to place himself in further jeopardy.”

Crown prosecutor Dennis Dow said imprisonment was an appropriate sentence for Drever’s “calculated” and “cynical” crimes.

Drever took steps to conceal what he was doing, including using a false name.

Former West Auckland real estate agent Aaron Drever sold hundreds of homes and made millions of dollars in commission. Photo / Brett Phibbs

“The offending caused significant harm and all occurred while he was on bail for other offending.”

Comments by Drever showed he had little self-awareness about his offending or its effect on other people, Dow told the court.

Drever had described his crimes as making “tick box errors” or “flipping houses as some disclosure errors”.

However, Dow said Drever’s offending against the Avondale Bowling Club was “significant unjust enrichment” to the detriment of his victims.

“Mr Drever lacks insight into his conduct.”

Drever’s chequered history as a real estate agent included notching up the country’s highest number of adverse disciplinary findings and eventually being struck off for misconduct.

But Drever had claimed “effectively everyone was doing it”, Dow said.

Dow urged the court to take letters of support written about Drever’s character with a grain of salt, as they were likely “coloured” by Drever’s own version of events.

“He’s not entirely candid with those around him about his conduct and offending.”

Finally, addressing the perceived risk to Drever’s safety while in prison, Dow pointed out that Drever was in segregation.

Prison officers had recognised the potential risks and taken appropriate steps.

Justice Johnstone reserved his decision.

Lane Nichols is Auckland desk editor and a senior journalist for the New Zealand Herald with more than 20 years’ experience in the industry.