New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

S58(4) defence (reasonable belief)
  • 25 Oct 2013

    DOUGLAS ARTHUR MONTROSE GRAHAM, MICHAEL HOWARD REEVES, WILLIAM PATRICK JEFFRIES AND LAWRENCE ROLAND VALPY BRYANT v R [2013] NZSC 104

    Citation
    [2013] NZSC 104
    Court
    Supreme Court

    Leave to appeal was allowed in relation to sentence because the Court of Appeal's allowance of the Solicitor-General's sentencing appeals, particularly on whether imprisonment was necessary, raised a proper question for further consideration; leave as to conviction was dismissed because the High Court and Court of Appeal's factual findings that the prospectus was untrue as at 24 December 2007 and the rejection of the s58(4) defence were open on the evidence and did not disclose a miscarriage of justice.

    • Prospectus disclosure
    • Securities act s58
    • S58(4) defence (reasonable belief)
    • Directors' disclosure duties
    • Leave to appeal
    • Sentencing: necessity for imprisonment