R v Andrews [2019] NZDC 12700

Published 17 September 2021

Sentencing — using forged documents — forgery — obtaining by deception — misleading the Official Assignee — concealing property to the value of $500 or more — while prohibited taking part in the management and control of a company — being an undischarged bankrupt taking part in the management or control of the business — importation and distribution of motor vehicles — R v Varjan CA97/03, 26 June 2003 — Ministry of Business, Innovation and Employment v Coupe DC Auckland CRI-2014-004-011161, 8 August 2016 — R v Xie [2008] NZDC 11824 — R v Joshi [2015] NZHC 2215 — Mount v R [2015] NZCA 489 — Crimes Act 1961, s 241 — Insolvency Act 2006 — Companies Act 1993 — Sentencing Act 2002. The defendant appeared for sentence on multiple charges related to his car-dealing business. The defendant had run the business while an undischarged bankrupt, and had committed multiple acts of forgery, using forged documents, and obtaining by deception. He had caused his victims losses of about $500,000. The offending was planned, premeditated and ongoing, and involved the defendant exploiting personal relationships. The Court assessed the defendant's prospects of rehabilitation as being poor, given his repeated offending, lack of remorse and unwillingness to rehabilitate. The start point for sentence was six years' imprisonment, uplifted by 12 months for previous convictions. The Court allowed a six-month discount for the defendant's advanced age and poor health, for a final sentence of six years six months' imprisonment. Judgment Date: 2 July 2019.