New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Benefit assessment

Legal area

Court

16 Feb 2010

THE SOLICITOR-GENERAL OF NEW ZEALAND V RHODES & ORS HC AK CIV 2007-404-3773

Citation

openlaw-5e4a0cd1_4895_476c_aa2c_1c266ce8c353.pdf
Court

High Court

Mr Rhodes was the principal offender who obtained and controlled the proceeds; benefits produced by the offending are assessed at $396,000 (base $360,000 for manufactured amounts at $10,000/oz plus a 10% uplift $36,000 for pre-manufacture supply). On the facts and as required by s27(3) no deduction is permitted for payments to co-offenders or for pecuniary penalties already imposed on co-offenders; therefore Mr Rhodes' personal benefit is $396,000 and no reduction for co-offender orders is warranted.
18 Sept 2009

SOLICITOR GENERAL V MCQUADE HC AK CIV 2008-404-4161

Citation

openlaw-bef16949_ee63_436b_a4bd_f40a2fe27cb9.pdf
Court

High Court

The Court accepted that the respondent derived benefit from the offending and that benefit may be assessed on a gross receipts basis (conservatively assessed at $624,000) under s27, but exercised its discretion under s25 to limit the pecuniary penalty to the amount the respondent can pay (the funds held by the Official Assignee), directing payment to the Crown and creating a statutory charge under s55; no deduction made for the $3,000 previously forfeited.