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Ministry of Social Development v Ah Chong [2018] NZDC 12583

Published 15 August 2019

Sentencing — benefit fraud — dishonestly using a document — reparations. The defendant appeared for sentence on two charges of dishonestly using a document. The defendant was receiving a government benefit but did not inform the Ministry of Social Development that he was in a de facto relationship, which led to an overpayment of $62,000 over more than two years. The Judge acknowledged the defendant's excellent attitude to reparations; the defendant and his partner had sold their home, leaving just $7,000 outstanding at the time of sentencing. The Judge considered this indicative of genuine remorse and, in addition to the early guilty plea and good character references, warranted an alternate sentence from imprisonment to one of community detention. The end sentence was three months' community detention. Judgment Date: 21 June 2018.