4 Feb 2020
CLARKE v MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT [2020] NZHC 63
- Citation
- [2020] NZHC 63
- Court
- High Court
No counsel error was established — previous counsel did not advise that home detention or bail were likely and any advice that home detention remained possible was not incorrect; however the District Court erred in setting an excessively high starting point for the lead offences and in the quantum of uplift for managing a business while bankrupt; the appropriate sentence on the concealing and fraudulent removal charge was reduced from two years to 15 months and overall total sentence reduced accordingly to 2 years 3 months, while other component sentences were left intact.