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R v Smith [2018] NZDC 13105

Published 13 May 2019

Sentencing — fraud — defrauding Inland Revenue — using document for pecuniary advantage — false GST returns. The defendants appeared for sentencing after pleading guilty to filing false GST returns to the value of $1,587,892.56. The offending involved 49 false returns over a 21-month period. The defendants initially claimed they were honest mistakes, before admitting the offending. Inland Revenue recovered some of the money before the defendants were adjudicated bankrupt, leaving a shortfall of $745,412. Aggravating features included the magnitude of the offending, and that the defendants continued offending after IRD alerted them to irregularities in their returns. From a start point of five years' imprisonment, the Court applied deductions for previous good character and guilty pleas. Both defendants were sentenced to three years and nine months' imprisonment. Judgment Date: 27 June 2018.