New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Corruption of an official
  • 23 May 2017

    R v DUFRESNE [2017] NZHC 1082

    Citation
    [2017] NZHC 1082
    Court
    High Court

    Application for discharge without conviction declined because the consequences of conviction were not out of all proportion to the gravity of the offending; starting point set at two years' imprisonment; allowed 4 months discount for personal mitigation and 25% (five months) for early guilty plea yielding an indicative 15 months' sentence; because the adjusted sentence was less than two years a community-based sentence was appropriate and the court sentenced the offender to seven months' home detention on each charge, to be served concurrently.

  • 22 Feb 2017

    R v Borlase and Noone [2017] NZHC 236

    Citation
    [2017] NZHC 236
    Court
    High Court

    Court found payments and benefits were not genuine consultancy fees but were provided with intent to influence officials; absence of proof of specific improper acts did not preclude liability; sentencing balanced aggravating factors (scale of payments, seven-year duration, serious breach of trust, public harm) against limited mitigation (good character, partial remorse by Noone), fixed starting points (Borlase total starting point 5 years 9 months reduced to end sentence 5 years 6 months; Noone starting 5 years 6 months reduced to end sentence 5 years) and ordered concurrent sentences.