R v CHRISTIE & HO[2019] NZHC 1460

R v CHRISTIE & HO[2019] NZHC 1460

Both defendants were of equal culpability for sustained, moderately sophisticated trade-loan fraud that caused significant loss to ANZ; appropriate starting point was four years six months, mitigated by 15% (personal factors) and a full 25% guilty plea discount to yield an end sentence of two years and ten months' imprisonment for each defendant, with a minimum period of imprisonment of 50% of each sentence imposed.

Citation
[2019] NZHC 1460
Parties
Prosecution: The Queen; Defendant: Christopher John Christie; Defendant: Siu Shun Ho
Court
High Court
Jurisdiction
New Zealand
Judgment Date
25 June 2019
Procedural Posture
Criminal Dishonestly Using a Document (crimes Act 1961 S 228(1)(b)) / Sentencing
Outcome
Both defendants sentenced to imprisonment of 2 years and 10 months on each charge, sentences to be served concurrently; minimum period of imprisonment set at half of each sentence.
Legal Topics
Dishonestly Using a Document, Sentencing Principles, Minimum Period of Imprisonment, Reparation
Criminal Law Fraud Sentencing Dishonestly Using a Document Sentencing Principles Minimum Period of Imprisonment Reparation

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Parties

The Queen

Prosecution

Christopher John Christie

Defendant

Siu Shun Ho

Defendant

Procedural Posture

Criminal Dishonestly Using a Document (crimes Act 1961 S 228(1)(b)) / Sentencing

Legal Issues

  1. 1 Appropriate starting point for sentence in large-scale invoice/trade-loan fraud
  2. 2 Whether defendants should be distinguished for culpability
  3. 3 Assessment and application of mitigating factors and guilty plea discount

Ratio Decidendi

Both defendants were of equal culpability for sustained, moderately sophisticated trade-loan fraud that caused significant loss to ANZ; appropriate starting point was four years six months, mitigated by 15% (personal factors) and a full 25% guilty plea discount to yield an end sentence of two years and ten months' imprisonment for each defendant, with a minimum period of imprisonment of 50% of each sentence imposed.

Court Disposition

Both defendants sentenced to imprisonment of 2 years and 10 months on each charge, sentences to be served concurrently; minimum period of imprisonment set at half of each sentence.

Orders

  • Both defendants sentenced to imprisonment of 2 years and 10 months on each charge, to be served concurrently
  • Minimum period of imprisonment imposed of 50 percent of each sentence