Sentencing — knowingly making a false declaration — possession of unauthorised goods — illegal importation — plant cuttings — biosecurity — Biosecurity Act 1993 — R v Nichols CA26/98, 7 July 1998 — Stewart v Ministry of Agriculture & Forestry HC Christchurch AP72/73/99, 20 May 1999 — R v Nichols and Piggott CA406/02, 16 June 2003 — Ministry of Agriculture & Forestry v Tan DC North Short CRI-2006-090-10489, 12 June 2007 — Ministry for Primary Industries v Kangsathien & NP Trading Ltd [2015] NZDC 22794 — Ministry of Agriculture & Forestry v Jakeman DC Lower Hutt CRI-2009-092-009528, 16 July 2009 — Ministry for Primary Industries v Leggett [2016] NZDC 11258 — Ministry for Primary Industries v Luscombe [2022] NZDC 25737. The defendant was to be sentenced after pleading guilty to Biosecurity Act charges of knowingly making a false declaration and possession of unauthorised goods. The defendant was a winemaker and owner of a vineyard, and had illegally smuggled plant cuttings into New Zealand from a vineyard in Australia. He had kept the cuttings in his suitcase and upon his arrival in New Zealand declared to Customs that he was not bringing in any plant products. The defendant then got a nursery to graft 134 additional cuttings from his ones, and then planted them all in his vineyard. The Court accepted that the defendant's offending risked the introduction of pests or diseases that had the potential to cripple the New Zealand wine industry. A starting point for sentence was set at a $45,000 fine. Personal mitigating factors included the defendant's status in the wine-making industry and previous good character; rehabilitative prospects, low risk of re-offending, and remorse. The end sentence was five months' community detention and a fine of $15,000. Judgment Date: 21 May 2024