15 Jun 2023
R v ORTMANN [2023] NZHC 1504
- Citation
- [2023] NZHC 1504
- Court
- High Court
The Court selected the fraud conspiracy charges as the lead offences because they more directly captured the core criminality. A cumulative sentencing approach was available and appropriate to reflect distinct aspects of the conspiracies. The defendants' culpability was assessed as high given the scale, sophistication, duration (2005–2012), deliberate measures to incentivise infringement and concealment, and significant commercial gain. The Court fixed starting points of 10 years 6 months (Ortmann) and 10 years (van der Kolk) and applied a combined 60% discount for early guilty pleas and assi…