New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Fraud and obtaining by deception

Legal area

Court

1 Aug 2023

STEVENS v R [2023] NZHC 2021

Citation

[2023] NZHC 2021
Court

High Court

The sentencing Judge erred by limiting the home detention assessment to an emphasis on denunciation without a full second‑stage evaluative analysis; when all factors are weighed (seriousness and victim impact against guilty plea, remorse, reparative steps, low risk of reoffending and psychological evidence) home detention is the least restrictive appropriate sentence and 9 months home detention is substituted for the 23 months' imprisonment.
29 Sept 2014

REID v CARTERTON AUTO COURT LTD [2014] NZHC 2372

Citation

[2014] NZHC 2372
Court

High Court

The vehicle's return to McKenzie Motors did not constitute a taking of possession or a voluntary return under s36A of the Credit (Repossession) Act 1997; therefore the Act's post-possession obligations did not apply, there was no evidence of wilful statutory or criminal breach by the respondent, the applicants' fraud and deception allegations failed, and all relief was declined; costs awarded to the respondent.