R v Smith [2017] NZDC 27345

Published 20 July 2018

Forgery — management or control of a business — bankrupt — representative charge — sentencing — delay — Insolvency Act 2006. The defendant was sentenced on two charges of taking part in the management of a business while being an undischarged bankrupt; the offending related to his role in the operation of a business. The defendant was involved in operating a number of businesses, including a joint venture with the victims, whilst he was an undischarged bankrupt. When the business ran into financial trouble, the defendant secured a loan that involved him forging the signatures of the victims, particularly the first victim. The Insolvency Act charges related to the defendant's involvement in his son's business where he was involved in the management of financial matters as well as administrative tasks. Discounts in mitigations were applied to account for the defendant's guilty plea, previous good character and the delay in resolving the proceedings. On the charge of forgery, the defendant was convicted and sentenced to two years and two months' imprisonment; he was convicted and discharged on the Insolvency Act charge. Judgment Date: 1 December 2017.