Balajadia v The Queen

The case of Balajadia v The Queen involved appeals by Virgil Balajadia and Luisito Balajadia against their respective sentences imposed by the District Court at Auckland. The couple were found guilty of multiple offences under the Immigration Act 2009, including exploitation of temporary workers and providing false or misleading information to Immigration New Zealand (INZ). The appeals centred on the contention that the sentencing judge had erred in setting excessively high starting points and failed to adequately consider the appellants' remorse.

The Court of Appeal examined whether the starting points for the sentences were too high, considering the nature and extent of the offending. It was noted that the appellants had exploited five Filipino workers, subjecting them to poor working conditions and underpayment, which the Court found to be a very serious form of offending. The Court concluded that the starting points were not manifestly excessive, given the level of exploitation and abuse of trust involved.

The Court also considered whether the appellants' remorse had been properly taken into account. While Mrs Balajadia had made some payments to one of the victims, the Court found that her expressions of remorse were not clear and were accompanied by rationalisations for her actions. For Mr Balajadia, the Court was satisfied that the discounts for his good character and remorse were adequate.

Ultimately, the Court dismissed both appeals against sentence, finding that the starting points and discounts applied were appropriate in the circumstances. The application for an extension of time to appeal in one of the cases was granted.