
Wiping of phone ‘idiotic', judge says
However, Judge Raoul Neave granted Skye Marie Spencer, 33, a discharge without conviction in the Queenstown District Court this week on the grounds a conviction would have a disproportionate impact on her employment and immigration status.
Police executed a search warrant at Spencer's home last year after suspecting her of importing the class A drug, a psychedelic drug also known as magic mushrooms.
Her refusal to provide access to her cellphone meant the officer in charge was unable to put it in flight mode, which would have protected its contents.
Although he placed the device in a Faraday bag to block electromagnetic interference, it underwent a "remote wipe" as soon as he removed it from the bag at Wānaka police station, Judge Neave said.
The defendant, who used her laptop to wipe the phone immediately after the search, later told police she had personal material on the device she did not want them to see.
She later admitted a charge of attempting to obstruct the course of justice, entering the plea after ESR analysis found the substance she had imported was not psilocybin.
Judge Neave said the Crown's position was she had intended to destroy evidence of her attempt to import the drug, and police were unable to retrieve the deleted material.
That was at odds with the submissions of defence counsel Paige Noorland, who said police were able to complete a full investigation, and retrieved at least some of the data.
Ms Noorland said Spencer's wiping of her phone may have been deliberate, but was also "naive, fleeting and opportunistic".
Judge Neave said the defendant claimed her actions were unrelated to the drug allegation, and motivated by a wish to keep material of an "intimate, personal nature" from the prying eyes of the police.
"Assuming that were true for the moment, whilst understandable, she had rather forfeited the right to those sorts of decisions when she was so stupid as to start to import a Class A drug," he said.
Despite her claim that she did not realise the seriousness of importing psilocybin, it must have been "blindingly obvious" that wiping her phone after receiving a search warrant was a criminal act.
There was irony in the fact she may not have appeared in court at all but for her "idiotic actions on the spur of the moment".
Turning to the discharge application, Judge Neave said the defendant had two long-standing jobs that required her to travel overseas, especially to the United States.
Although her employers remained supportive, a conviction would make that travel more difficult, and put her current and future employment at risk.
Because she was an Australian national, it would also make her eligible for deportation.
Losing her immigration status would jeopardise her relationship with her partner, who was a New Zealand citizen.
She had no previous convictions, and otherwise appeared to be a "responsible, hard-working and well-regarded young woman".
For those reasons, he decided the consequences of a conviction outweighed the seriousness of her offending and granted the discharge.
guy.williams@odt.co.nz

Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles


Otago Daily Times
2 days ago
- Otago Daily Times
Bible verses, crypto trades and grief: Inside Deluny's diaries
By Kate Green of RNZ Julia DeLuney's diaries, presented as evidence by the Crown during her month-long trial, reveal the highs and lows of cryptocurrency trading, her plans for a Remuera home to retire in, and her grief following the death of her mother. DeLuney was found guilty of murdering Helen Gregory, 79, at the elderly woman's home in Baroda St in Khandallah in January last year. The Crown argued it had been a financially motivated attack, and that DeLuney had been receiving money - or at worst, stealing it - from her mother for at least a year before the murder. Over the course of the trial, her diaries were presented as evidence of her emotional state and financial struggles. They contained little reminders and checklists: "car service, pay credit card $10,000, hair tidy up". But that sat alongside Bible passages, musings about her future, and some existential questions. DeLuney had been a teacher until about 15 years ago. In recent years she had turned her hand to trading cryptocurrency. The court saw photographs of the diary pages, with typed transcriptions alongside. Some entries contained references to FET, WOO, DXY, buying on red days, selling on green days, FOMO of "green candles" (good trades) and speculation about when the US regulating body would approve the first Bitcoin ETF. In early December, she wrote: "Bitcoin hit, $40,000, waiting for FET to break through." Some entries contained Bible passages: "Give back what the locusts have taken away, God, double what he had before! I, Julia, stand for the word of the Lord." The Crown pointed to other entries as a sign she had been struggling mentally - like this one in mid-December: "I need to remember how tough and discouraging these past five-six years have been waiting for such a time as this." As December passed, her diaries begin to reveal a desire to cash out and step back. December 16, 2023: "Having a healthy pullback today after a big green week.... Yes, I'm desperately impatient to resume my life after six years of staring at charts. It's been a terribly traumatic and challenging period of my life. I need to leave this crypto world behind me soon. Please dear lord." And on the last day of the year, there was a glimpse into her dreams for the future. December 31, 2023: "100x from here and we're out of here! New life begins! Remuera goal for 2024, 10m. Generational family home, pool [...], great kitchen, bathrooms, 4+ bedrooms, beautiful tropical garden." The diaries showed how turbulent cryptocurrency trading could be. One early January day, DeLuney wrote the markets were "waking up" - and the next, "Market crashed. Liquidations everywhere." DeLuney's bank records showed between January 2023 and January 2024, she spent more than $155,000 on crypto-currency investments. Cryptocurrency consultant Nicolas Turnbull gave evidence to help the jury understand some of the jargon, but he said there seemed to be "no real structure" to DeLuney's trading. "There's a lot of emotion in it, where if you're trading, and you're doing this as a job ... in my professional opinion you need structure, you need risk management." And as January wore on, the diaries revealed DeLuney's increasing disillusionment with trading. On January 10, she wrote: "It's been an awful year so far, I'm done. Been trying so hard to crack this but as soon as I think it's in my reach, it gets taken away - again and again. I can't keep doing this, I just want a f***ng home and some financial security in old age. It's obviously not happening. F*** life!" On January 24, DeLuney visited her mother to book tickets to the ballet. Her diary entries that day - likely written before she visited her mother that evening - were Bible passages. "This is the day that the Lord has made. Let us rejoice and be glad in it." Psalm 118.24 And: "For I can do all things through Christ who strengthens me." Philippians 4.13 Crown prosecutor Stephanie Bishop told the jury in her closing argument they may never know the details of that evening, but "something happened, something changed" - that led to DeLuney violently assaulting her mother. The next entry was on January 26, 2024 - two days after her mother's death: Alongside a to-do list of funeral arrangements, she quoted Romans 8.28: "For all things work together for good to those who love him and that are called according to his purposes" and Matthew 6.33: "Seek ye first the kingdom of God and his righteousness and all those things shall be added unto you." The funeral took place on February 3 - a "beautiful service". "I'm going to miss you forever my one and only darling, beautiful mum, be at rest and in peace with your Lord and savior Jesus Christ," DeLuney wrote. The court saw diary entries up until February 8: "Dear God, I love and miss mum sooo much, please take care of her. Thank you for blessing me with such a loving, kind and wise mum." The jury took only a day to deliberate, returning their guilty verdict on Wednesday, just before 5pm. DeLuney was remanded in custody, to be sentenced in September.

1News
2 days ago
- 1News
Julia Deluney's diaries: Bible verses, crypto and future plans
Julia Deluney's diaries, presented as evidence by the Crown during her month-long trial, reveal the highs and lows of cryptocurrency trading, her plans for a Remuera home to retire in, and her grief following the death of her mother. DeLuney was found guilty of murdering Helen Gregory, 79, at the elderly woman's home in Baroda St in Khandallah in January last year. The Crown argued it had been a financially motivated attack, and that DeLuney had been receiving money - or at worst, stealing it - from her mother for at least a year before the murder. Over the course of the trial, her diaries were presented as evidence of her emotional state and financial struggles. They contained little reminders and checklists: "car service, pay credit card $10,000, hair tidy up". ADVERTISEMENT But that sat alongside Bible passages, musings about her future, and some existential questions. DeLuney had been a teacher until about 15 years ago. In recent years she had turned her hand to trading cryptocurrency. The court saw photographs of the diary pages, with typed transcriptions alongside. Helen Gregory. (Source: Some entries contained references to FET, WOO, DXY, buying on red days, selling on green days, FOMO of "green candles" (good trades) and speculation about when the US regulating body would approve the first Bitcoin ETF. In early December, she wrote: "Bitcoin hit, $40,000, waiting for FET to break through." Some entries contained Bible passages: "Give back what the locusts have taken away, God, double what he had before! I, Julia, stand for the word of the Lord." ADVERTISEMENT The Crown pointed to other entries as a sign she had been struggling mentally - like this one in mid-December: "I need to remember how tough and discouraging these past five-six years have been waiting for such a time as this." As December passed, her diaries begin to reveal a desire to cash out and step back. December 16, 2023: "Having a healthy pullback today after a big green week.... Yes, I'm desperately impatient to resume my life after six years of staring at charts. It's been a terribly traumatic and challenging period of my life. I need to leave this crypto world behind me soon. Please dear lord." And on the last day of the year, there was a glimpse into her dreams for the future. December 31, 2023: "100x from here and we're out of here! New life begins! Remuera goal for 2024, 10m. Generational family home, pool [...], great kitchen, bathrooms, 4+ bedrooms, beautiful tropical garden." The diaries showed how turbulent cryptocurrency trading could be. One early January day, DeLuney wrote the markets were "waking up" - and the next, "Market crashed. Liquidations everywhere." ADVERTISEMENT DeLuney's bank records showed between January 2023 and January 2024, she spent more than $155,000 on crypto-currency investments. Cryptocurrency consultant Nicolas Turnbull gave evidence to help the jury understand some of the jargon, but he said there seemed to be "no real structure" to DeLuney's trading. "There's a lot of emotion in it, where if you're trading, and you're doing this as a job ... in my professional opinion you need structure, you need risk management." And as January wore on, the diaries revealed DeLuney's increasing disillusionment with trading. On January 10, she wrote: "It's been an awful year so far, I'm done. Been trying so hard to crack this but as soon as I think it's in my reach, it gets taken away - again and again. I can't keep doing this, I just want a f***ng home and some financial security in old age. It's obviously not happening. F*** life!" On January 24, DeLuney visited her mother to book tickets to the ballet. Her diary entries that day - likely written before she visited her mother that evening - were Bible passages. ADVERTISEMENT "This is the day that the Lord has made. Let us rejoice and be glad in it." Psalm 118.24 And: "For I can do all things through Christ who strengthens me." Philippians 4.13 Crown prosecutor Stephanie Bishop told the jury in her closing argument they may never know the details of that evening, but "something happened, something changed" - that led to DeLuney violently assaulting her mother. The next entry was on January 26, 2024 - two days after her mother's death: Alongside a to-do list of funeral arrangements, she quoted Romans 8.28: "For all things work together for good to those who love him and that are called according to his purposes" and Matthew 6.33: "Seek ye first the kingdom of God and his righteousness and all those things shall be added unto you." The funeral took place on February 3 - a "beautiful service". "I'm going to miss you forever my one and only darling, beautiful mum, be at rest and in peace with your Lord and savior Jesus Christ," DeLuney wrote. ADVERTISEMENT The court saw diary entries up until February 8: "Dear God, I love and miss mum sooo much, please take care of her. Thank you for blessing me with such a loving, kind and wise mum." The jury took only a day to deliberate, returning their guilty verdict on Wednesday, just before 5pm. DeLuney was remanded in custody, to be sentenced in September.


NZ Herald
2 days ago
- NZ Herald
Convicted murderer Julia Deluney's diaries: Bible verses, cryptocurrency and future plans
They contained little reminders and checklists: 'car service, pay credit card $10,000, hair tidy up'. But that sat alongside Bible passages, musings about her future, and some existential questions. Helen Gregory was killed in her Khandallah home in Wellington in 2024. DeLuney had been a teacher until about 15 years ago. In recent years she had turned her hand to trading cryptocurrency. The court saw photographs of the diary pages, with typed transcriptions alongside. Some entries contained references to FET, WOO, DXY, buying on red days, selling on green days, FOMO of 'green candles' (good trades) and speculation about when the US regulating body would approve the first Bitcoin ETF. In early December, she wrote: 'Bitcoin hit, $40,000, waiting for FET to break through.' Some entries contained Bible passages: 'Give back what the locusts have taken away, God, double what he had before! I, Julia, stand for the word of the Lord.' The Crown pointed to other entries as a sign she had been struggling mentally – like this one in mid-December: 'I need to remember how tough and discouraging these past five-six years have been waiting for such a time as this.' Julia DeLuney was found guilty on Wednesday of murdering her mother, Helen Gregory, 79, in January last year. Photo / Mark Mitchell. As December passed, her diaries begin to reveal a desire to cash out and step back. December 16, 2023: 'Having a healthy pullback today after a big green week.... Yes, I'm desperately impatient to resume my life after six years of staring at charts. It's been a terribly traumatic and challenging period of my life. I need to leave this crypto world behind me soon. Please dear lord.' And on the last day of the year, there was a glimpse into her dreams for the future. December 31, 2023: '100x from here and we're out of here! New life begins! Remuera goal for 2024, 10m. Generational family home, pool [...], great kitchen, bathrooms, 4+ bedrooms, beautiful tropical garden.' The diaries showed how turbulent cryptocurrency trading could be. One early January day, DeLuney wrote the markets were 'waking up' – and the next, 'Market crashed. Liquidations everywhere.' DeLuney's bank records showed between January 2023 and January 2024, she spent more than $155,000 on cryptocurrency investments. Cryptocurrency consultant Nicolas Turnbull gave evidence to help the jury understand some of the jargon, but he said there seemed to be 'no real structure' to DeLuney's trading. 'There's a lot of emotion in it, where if you're trading, and you're doing this as a job ... in my professional opinion you need structure, you need risk management.' Julia DeLuney and her mother Helen Gregory. Photo / Supplied And as January wore on, the diaries revealed DeLuney's increasing disillusionment with trading. On January 10, she wrote: 'It's been an awful year so far, I'm done. Been trying so hard to crack this but as soon as I think it's in my reach, it gets taken away – again and again. I can't keep doing this, I just want a f***ng home and some financial security in old age. It's obviously not happening. F*** life!' On January 24, DeLuney visited her mother to book tickets to the ballet. Her diary entries that day – likely written before she visited her mother that evening – were Bible passages. 'This is the day that the Lord has made. Let us rejoice and be glad in it.' Psalm 118.24 And: 'For I can do all things through Christ who strengthens me.' Philippians 4.13 Crown prosecutor Stephanie Bishop told the jury in her closing argument they may never know the details of that evening, but 'something happened, something changed' – that led to DeLuney violently assaulting her mother. The next entry was on January 26, 2024 – two days after her mother's death. Alongside a to-do list of funeral arrangements, she quoted Romans 8.28: 'For all things work together for good to those who love him and that are called according to his purposes' and Matthew 6.33: 'Seek ye first the kingdom of God and his righteousness and all those things shall be added unto you.' The funeral took place on February 3 – a 'beautiful service'. 'I'm going to miss you forever my one and only darling, beautiful mum, be at rest and in peace with your Lord and savior Jesus Christ,' DeLuney wrote. The court saw diary entries up until February 8: 'Dear God, I love and miss mum sooo much, please take care of her. Thank you for blessing me with such a loving, kind and wise mum.' The jury took only a day to deliberate, returning their guilty verdict on Wednesday, just before 5pm. DeLuney was remanded in custody, to be sentenced in September. - RNZ