New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Obtaining credit by deception

Legal area

Court

3 Aug 2018

R v XU, CHEN & JIANG [2018] NZHC 1971

Citation

[2018] NZHC 1971
Court

High Court

Court fixed individual starting points by assessing each defendant's role, culpability and aggravating/mitigating features: Xu given a starting point of 2 years 9 months but reduced to 12 months home detention due to subservience, remorse, caregiving and good prospects; Chen given a starting point of 6 years plus 6 months uplift to 6 years 6 months (totality) with MPI 50% (3 years) because he was the central solicitor 'middleman' who facilitated payments and abused fiduciary duties; Jiang given a starting point of 5 years 6 months (5 years for obtaining by deception uplifted 6 months for secr…
9 Feb 2018

SERIOUS FRAUD OFFICE v HUANG [2018] NZHC 86

Citation

[2018] NZHC 86
Court

High Court

Having regard to the scale, sophistication and duration of the fraud and the aggravating corruption payment, the appropriate end sentence was fixed at four years seven months imprisonment with a 50% minimum period on the Crimes Act charges (two years three months before parole eligibility); sentences to be served concurrently, and the Secret Commissions Act sentence of nine months concurrent.