R v Borlase

Case [2017] NZHC 236


IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI-2015-044-1286 [2017] NZHC 236

THE QUEEN

v

STEPHEN JAMES BORLASE MURRAY JOHN NOONE

Hearing: 22 February 2017

Counsel:

BH Dickey for Crown
RM Mansfield and IM Brookie for Defendant Borlase
S Lance for Defendant Noone

Sentenced

22 February 2017

SENTENCING NOTES OF FITZGERALD J

Solicitors:           Crown Solicitor, Auckland

To:  RM Mansfield, Auckland

IM Brookie, Auckland

S Lance, Auckland

R v Borlase and Noone [2017] NZHC 236 [22 February 2017]

Introduction

[1]      Mr Borlase and Mr Noone, you may remain seated until I ask you to stand. These sentencing remarks will be transcribed and a copy of them will be made available later today.

[2]      Mr Borlase and Mr Noone, you appear for sentence today having each been found guilty of charges of bribery and corruption of an official pursuant to s 105 of the Crimes Act 1961.

[3]      Mr Borlase, I found you guilty of eight charges, six of which relate to the provision of payments and benefits to Mr Noone.  The remaining two concern the provision of benefits to Mr George.  Mr Noone, I found you guilty of six charges relating  to  the  acceptance  of  payments  and  benefits  from  Mr  Borlase  (via  the company  Projenz),  and  these  charges  “mirror”  the  first  six  charges  against Mr Borlase.

[4]      As you will be aware, the maximum penalty for each of these charges is

seven years’ imprisonment.

[5]      In these sentencing remarks, I will first summarise the factual background to your offending.  Those facts are obviously well known to you and your counsel and are set out in detail in my reasons for verdicts.  It is important to go through these matters as the others here in Court today and the wider public have a right to know the basis upon which I am sentencing you today.

[6]      After addressing those matters, I will then address the relevant sentencing purposes and principles, and  I will then consider your sentence Mr Borlase, and then Mr Noone’s.

Background to the charges

Introduction

[7]      Mr Borlase and Mr Noone, you have known each other since the late 1990s. In  around  1997,  Mr  Borlase  established  Projenz,  which  provided  engineering

consulting services, particularly in relation to roading.  It was originally a “one man band” organisation, though over time, other engineers were contracted as sub- consultants.   In around 2000, a second director and shareholder also joined the company.

[8]      Within a few years, one of Projenz’ main clients was Rodney District Council (RDC).  This is when you, Mr Borlase, first met Mr George, as he was one of your primary client contacts at that time.

[9]      Mr Noone, you first contracted to Projenz as a sub-consultant in 2000.  This was originally in a business development and traffic safety engineering role, on an exclusive basis.   This continued until around 2002, when you terminated your exclusive arrangements with Projenz.   However, you continued to provide traffic safety sub-consultancy services to Projenz over the period 2002 to 2006.  You also consulted to other…

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R v Borlase [2017] NZHC 236
Case
[2017] NZHC 236
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CaseChat Overview and Summary

In the case of R v Borlase, the defendants were found guilty of bribery and corruption charges related to payments and benefits provided to council officials. The court had to determine appropriate sentences for the defendants, taking into account the nature of the offence, its magnitude and sophistication, the amount of money involved, the period over which the offence occurred, and the impact on victims. The court also considered mitigating factors such as remorse and good character. The defendants were sentenced to five years and six months and five years in prison, respectively, to be served concurrently. The court emphasised the importance of holding the defendants accountable for their actions, promoting a sense of responsibility, providing for the interests of victims, denouncing their conduct, and deterring them and others from committing similar offences in the future.

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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