Published 24 May 2024
Sentencing — obtaining credit by deception — attempting to obtain credit by deception — mortgage fraud — Crimes Act 1961, ss 240, 241 & 311 — Varjan v R CA94/03, 26 June 2003 — Serious Fraud Office v Huang (AKA Wang) [2018] NZHC 86 — Philip v R [2022] NZSC 149. The defendant appeared for sentence on four charges of obtaining credit by deception and one of attempting to obtain credit by deception. She had committed her offending together with two others, one of whom was her husband and the other of whom was the instigator or "mastermind" of the offending. The offenders had transferred money between their accounts and then used these transfers to get bank loans, on the pretense that the money transfers were actually salary payments. The defendant and her husband bought several residential properties with the fraudulently-obtained loans. The aggravating factors included offending for financial gain, the amount of loans obtained (more than $2.2 million, although not all of this was drawn down), and breach of trust. The start point for sentence was three and a half years' imprisonment. In mitigation the defendant had pleaded guilty, was of otherwise good character, and had expressed remorse. Also, the defendant had young children who would suffer if she was sent to prison. The final sentence was 12 months' home detention. Judgment Date: 10 March 2023.
This website explains many of the things you might want to know if you are coming to the Youth Court, or just wondering how the Youth Court works.
Ministry of Justice website with information on family issues including about going to court, forms and other times when you may need help.
For information about courts and tribunals, including going to court, finding a court & collection of fines and reparation.
On this site you will find information about our Supreme Court, Court of Appeal and High Court including recent decisions, daily lists and news.