While the judge considered a sentence of either home detention or community detention, Lambert’s counsel, Kerry Hadaway, successfully argued for the less restrictive community detention, primarily to allow him to repay the money.
‘I’ll get gang members to beat you up’
The court heard that Lambert ran a concrete and landscaping business and advertised his services primarily on Facebook Marketplace.
Over six months in late 2020 and early 2021, he took on jobs and asked for a 40% deposit before work started.
He either failed to complete the work or didn’t start the jobs at all, at times providing myriad excuses.
One of the charges on which he was convicted resulted from his speaking threateningly to a victim who wanted his money back.
Jason Mark Lambert was sentenced in the Hamilton District Court.
Lambert sent him an abusive text message, threatening to have patched gang members beat him up.
“Threats, I hope you appreciate, were taken very seriously and made him and his family very afraid,” the judge told him.
‘Robbing Peter to pay Paul’
Hadaway pushed for discounts for Lambert’s late guilty pleas, delay in getting his case to trial, time on restrictive bail, background issues and his alcohol and drug addiction.
After going through Lambert’s finances with him, she suggested fortnightly repayments of $100.
“I just don’t want to set him up in the wrong situation … of robbing Peter to pay Paul,” she told the judge.
The judge said the repayment amount was unlikely to give the victims “any comfort at all” and asked if Lambert had any assets he could sell.
Jason Mark Lambert ripped off 12 clients. Photo / Belinda Feek
“I don’t believe so,” Hadaway replied.
When asked by the judge exactly what he spent his victims’ money on, Hadaway said there was no evidence to suggest it had funded a lavish lifestyle or gambling; rather, most of it went on materials, including pit sand and concrete.
At the time, he was living with his partner, which Hadaway said wasn’t “the most healthy relationship”, and he turned to methamphetamine to cope with stress.
The offending also occurred during Covid-19 restrictions.
However, Lambert was remorseful and “took full responsibility for his actions”, Hadaway submitted.
She also urged the judge to hand down a community detention sentence, as home detention would place stress on his job and employer, due to attending multiple job sites in a day across the Waikato and Bay of Plenty.
‘Each victim has suffered greatly’
Judge Saunders said the victims were “ordinary New Zealanders”.
“Many families were of modest means, and [the work] was a major financial commitment.
“They were unfamiliar with the concrete industry and relied upon you.”
She told Lambert his offending had caused them “extreme stress and distress”.
“Emotionally and financially, each of the victims has suffered greatly.
“One took out a loan to pay and is still paying it with nothing to show for it.
“Many were pensioners.
“Many describe feeling anxious and sad … and are now, unsurprisingly, suspicious of online contractors.
“Some say they feel embarrassed, saying it was their fault and they let you take advantage of them.”
She hoped Lambert could appreciate that many of the victims would not be interested in his apology.
‘You got in way over your head’
Judge Saunders found that, because of the repetitive nature of his offending, it was premeditated, but she accepted that he didn’t target his victims.
It involved multiple deceptions at the same time, but the offending was not sophisticated.
As for his motivation, and because there was no evidence of personal gain, Judge Saunders said she was left with the impression that “you got in way over your head”.
“You were an inexperienced sole businessman, and you didn’t know how to operate the business.”
It was also carried out during Covid-19 and its aftermath, which was one of the most difficult periods to try to operate a business.
“You made the decision to start the business … to start the work … take the deposits.
“You decided what work you would do and what work you didn’t complete.”
After taking a starting point of 30 months imprisonment, the judge gave 5% discount for his pleas, 10% for his meth addiction, and 20% for the four-year delay for his trial.
Although she would normally issue a home detention sentence, she agreed a six-month community detention sentence, coupled with 12 months’ supervision, would give him more flexibility to work and repay his victims.
However, she would review the reparation payments and his financial situation in 12 months.
Belinda Feek is an Open Justice reporter based in Waikato. She has worked at NZME for 10 years and has been a journalist for 21.
