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R v Taniwha [2024] NZDC 7164

Published 11 September 2024

Sentencing — conducting illegal gambling — making pecuniary gain from illegal gambling — money laundering — no guiding tariff — Crimes Act 1961 — Gambling Act 2003 — Sentencing Act 2002, s 13. The defendant was to be sentenced on two charges of conducting illegal gambling, and one each of making a pecuniary gain from illegal gambling and money laundering. He had hosted two poker tournaments in his home. As well as organising, promoting and hosting the tournaments he also handled turnover and decided the pay-out structure. An investigation by the Department of Internal Affairs found over $25,000 in cash at the defendant's house. In separate offending, he ran an illegal gambling operation via a poker app. The defendant made a profit of some $155,000 from his offending. He also made a transfer of more than $60,000 in gambling funds from his personal bank account into a business bank account, which was the basis of the money laundering charge. There were no guiding tariffs for offending against the Gambling Act, but the Court found the aggravating factors to be the scale and sophistication of the offending, and the time and effort that the defendant dedicated to the gambling operation. The start point for sentence was a fine of $30,000. In mitigation the defendant had pleaded guilty, had no major prior convictions and was remorseful. He also stood to lose some personal items via forfeiture proceedings that were underway in the High Court. The total fine was $16,500 for the Gambling Act offences, and the defendant was convicted and discharged on the money laundering charge. Judgment Date: 29 March 2024