IN THE COURT OF APPEAL OF NEW ZEALAND
CA519/2010
[2010] NZCA 611BETWEENMILES GAISFORD ELLIOTT
Appellant
ANDTHE QUEEN
Respondent
Hearing:8 November 2010
Court:Ellen France, Gendall and Cooper JJ
Counsel:M J Phelps for Appellant
N P Chisnall for Respondent
Judgment:14 December 2010 at 10.30 am
JUDGMENT OF THE COURT
The appeal against sentence is dismissed.
____________________________________________________________________
REASONS OF THE COURT
(Given by Cooper J)
Introduction
[1] On the third day of a trial scheduled to run for six weeks, the appellant and three co-accused pleaded guilty to a charge that between 30 September 2004 and 5 December 2006 they conspired for a material benefit to aid or abet persons to remain in New Zealand unlawfully, or to breach a condition of a permit granted to them.
[2] The charge was laid under s 142(1)(ea) of the Immigration Act 1987 and s 310 of the Crimes Act 1961. The appellant and two co-accused were directors of Contract Labour Services (NZ) Ltd (the Company) and were each sentenced to three years’ imprisonment. The fourth accused was employed by the Company as a pay clerk and he was sentenced to nine months’ home detention.
[3] The appellant now appeals against the sentence.
Background facts
[4] According to the agreed summary of facts, the Company provided seasonal labour in the horticulture and viticulture industries, operating primarily in Hawkes Bay where it was the largest labour supply company of its type, but also in Marlborough, Tasman, Christchurch and Pukekohe. It had an annual turnover of $4.9 million for the six months from 30 September 2004 to 31 March 2005, of approximately $7.4 million for the year ending 31 March 2006 and approximately $5.3 million for the period from 1 April to 22 December 2006.
[5] The industries serviced by the Company had experienced labour shortages for a number of years. In response, the directors of the Company supplemented the labour force with illegal workers. Their illegal status arose because they were either over-stayers, persons who had jumped ship or were working in breach of visitor or student permits. There was a direct financial benefit for the company in using these workers and its turnover was increased as a consequence. The directors of the Company attempted to distance themselves from the use of the illegal labour by the use of sub-contractors who were either legitimate or fictitious. They engaged legitimate sub-contractors knowing that many of the workers that they employed were illegal. They also used fictitious sub-contractors so as to disguise the use of illegal workers who were in fact employed by the Company but not recorded on its payroll.
[6] The workers used fell into three categories. Those in fact employed by the Company (referred to as the “A” list of workers), those employed by the company but attributed to false sub-contractors (known as the “B” list of workers), and those employed by legitimate sub-contractors. It was accepted that most on the “B” list were illegal.
[7] The false sub-contractors were used to provide false invoices…
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- AGLC
- Elliott v The Queen [2010] NZCA 611
- Case
- [2010] NZCA 611
- Decision Date
CaseChat Overview and Summary
The appeal is dismissed.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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