New Zealand Case Law: Decisions & Judgments | LexChat

Topic

False or misleading statements

Legal area

Court

24 May 2019

BERGEN v MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT [2019] NZHC 1129

Citation

[2019] NZHC 1129
Court

High Court

The High Court held the sentence was not manifestly excessive: even if one conviction date changed the essential facts and culpability remained high because appellant led a company established for illegitimate purposes while subject to disqualification; the 25% guilty plea discount was appropriate; uplift for extensive prior dishonesty convictions and protection of the public justified the sentence of two years and three months' imprisonment which was therefore upheld.
2 Jun 2016

R v TURNOCK [2016] NZHC 1186

Citation

[2016] NZHC 1186
Court

High Court

On balance of probabilities for sentencing purposes the judge found the defendant was aware that the related party statements were present in the 2008 and 2009 financial statements based on his qualifications and experience, contemporaneous emails and representations, the Deed's terms, the accountant's evidence, motive and credibility findings; accordingly the court will proceed to sentence with that factual finding.