IN THE HIGH COURT OF NEW ZEALAND GISBORNE REGISTRY
I TE KŌTI MATUA O AOTEAROA TŪRANGANUI-A-KIWA ROHE
CRI-2019-016-1336
[2021] NZHC 1032
THE QUEEN v
JOHN RICHARD BRACKEN
Hearing: 11 May 2021 Appearances:
M Mitchell for Crown Defendant appears in person
A M Simperingham as standby counsel
Judgment:
11 May 2021
SENTENCING REMARKS OF LANG J
Solicitors:
Elvidge & Partners Lawyers, Napier Woodward Chrisp Solicitors, Gisborne
R v BRACKEN [2021] NZHC 1032 [11 May 2021]
[1] Mr Bracken, you appear for sentence having been found guilty on 39 charges of dishonestly and without claim of right using goods and services tax returns with the intention of obtaining a pecuniary advantage.1 The returns in question spanned a period from August 2014 until July 2018. The maximum penalty on each charge is seven years imprisonment.
[2] You were found guilty in verdicts I delivered on 26 March 2021.2 The factual findings made in that decision provide the basis on which you are now to be sentenced.
The offending
[3] At all times material to this proceeding you were the sole director of a company called Bracken Enterprises Limited (Bracken Enterprises). This company carried on two forms of business. First, it operated a sheep and beef dry stock farming business on land situated near Matawai, to the west of Gisborne. Secondly, it operated a business involving the sale and purchase of plywood and other timber products. It also exported goods of this type to customers in the Pacific Islands along with other products such as kitset houses, milk, honey and bottled water.
[4] Bracken Enterprises initially filed GST returns every two months on what is known as a payments basis. This requires GST to be calculated in accordance with payments the registered person has made and received during the relevant period. In February 2016, Bracken Enterprises began accounting for GST on an invoice basis. This required it to account monthly for GST on transactions for which it had either invoiced debtors or been invoiced by creditors during the previous month.
[5] You and your wife engaged the Gisborne accounting firm Bain & Sheppard Limited (Bain and Sheppard) to act as the tax agent for Bracken Enterprises. At the end of each month you or your wife would provide Bain and Sheppard with copies of bank statements and invoices that recorded the sales and purchases of product Bracken Enterprises had made during the previous month. Bain and Sheppard would then reconcile the company’s bank statements with the invoices to calculate whether
1 Crimes Act 1961, s 228(1)(b).
Bracken Enterprises was required to pay GST or was entitled to a GST refund. Determination of that issue depended on whether the input tax Bracken Enterprises claimed for product that it purchased equalled or exceeded the output tax it was required to pay on taxable supplies made to its customers.
[6] Each month during the period covered by the charges Bracken Enterprises received a refund. This occurred because it claimed…
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- R v Bracken [2021] NZHC 1032
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- [2021] NZHC 1032
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