R v Pitcaithly  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.