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R v Pitcaithly [2022] NZDC 10745

Published 03 August 2022

Sentencing — obtaining by deception — tax fraud — using a document. The defendant appeared for sentence, having pleaded guilty to 32 charges including unlawfully taking motor vehicles, burglaries, obtaining by deception, theft, using a document for pecuniary advantage, possession of an offensive weapon, possession and use of utensils and methamphetamine, procuring methamphetamine and receiving stolen property. The thefts included large ticket items including a boat, trailer and car. The using document charges related to the Small Business Cashflow Loan Scheme and a fraudulent IRD tax return. Varying amounts of reparation were sought, ranging from $600 to $50,000. In setting the sentence, the Court considered that discounts were warranted for an assault on the defendant while serving a previous term of imprisonment, and guilty pleas. The Court found that a community-based sentence was appropriate. The Court imposed a sentence of 12 months' intensive supervision and six months' community detention. No reparation order was made. Judgment Date: 18 February 2022.