Published 19 February 2024
Sentencing — filing false returns — failing to retain records — failing to retain documents — corrupt practice — Electoral Act 1993, s 209B — R v Banks [2014] NZHC 1807 — R v Banks [2014] 3 NZLR 256; [2014] NZHC 1244. The defendant appeared for sentence on two charges of filing false returns and two of failing to retain records and documents. He was a political candidate in the 2020 election who had received a $15,000 donation. However he failed to list this donation in his returns to the Electoral Commission. The jury had found that this amounted to a corrupt practice under the Electoral Act. The Court considered that the defendant had been naive and had not had enough support from his political allies. Further, the Court commented that the defendant had probably convinced himself that the donation was a personal gift, rather than the campaign contribution that it actually was. The start point for sentence was three months' imprisonment, but following discounts for previous good character, remorse and attempts at rehabilitation, the final sentence was 200 hours' community work and a fine of $14,000. Judgment Date: 20 December 2023
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