| IN THE COURT OF APPEAL OF NEW ZEALAND |
| CA595/2013 [2013] NZCA 677 |
| BETWEEN | THE QUEEN |
| AND | STUART DAVID EASTON |
| Hearing: | 19 November 2013 |
Court: | Randerson, Heath and Asher JJ |
Counsel: | M F Laracy and A R van Echten for Appellant |
Judgment: | 19 December 2013 at 3:00 pm |
JUDGMENT OF THE COURT
AThe Solicitor-General’s application for leave to appeal against sentence is granted.
BThe appeal is allowed.
CThe sentences imposed by the High Court are set aside.
DSentencing is remitted to the High Court to be reimposed in a manner consistent with this judgment.
EMr Easton is remanded at large for sentence on a date to be fixed by the Registrar of the High Court.
____________________________________________________________________
REASONS OF THE COURT
(Given by Heath J)
The appeal
Following a trial in the High Court at Wellington in early July 2013, Collins J (sitting alone) found Mr Easton guilty on 22 charges of aiding and abetting three companies that knowingly failed to pay PAYE deductions to the Commissioner of Inland Revenue (the Commissioner).[1] The amount in issue was just under $200,000.[2] Mr Easton was sentenced on 9 August 2013. He was fined $3,000 on each charge (a total of $66,000) and was ordered to pay reparation of $140,000 to the Commissioner. Execution of the reparation order was effectively suspended until after liquidation of the three companies had been completed, so that the amount of any distributions to be made to the Commissioner could be determined. Leave was reserved to Mr Easton to apply to reduce the amount of reparation ordered, if the Commissioner were to receive more than $60,000 by way of dividend.[3]
[1]R v Easton [2013] NZHC 478, (2013) 26 NZTC 21-030 [reasons for verdicts]. The charges were brought under s 143A of the Tax Administration Act 1994.
[2]See [6] below.
[3]R v Easton [2013] NZHC 1683 [sentencing notes] at [21] and [22].
The Solicitor-General seeks leave to appeal against the sentence imposed.[4] On his behalf, Ms Laracy submitted that the sentence was both manifestly inadequate, and wrong in principle. As a result of directions made by French J on 16 October 2013, the application for leave and the appeal itself were heard together.
Background facts[5]
[4]Crimes Act 1961, s 383(2).
[5]This summary is taken from the reasons for verdicts, above n 1.
Mr Easton and his wife owned and managed six companies and entities (the Group). The Commissioner’s investigations into the Group began in 2007. Mr Easton, in evidence, described the Group as being in “dire straits” around that time. At a meeting held on 24 April 2008, Ms Lancaster, an employee of the Inland Revenue Department, explained to Mr and Mrs Easton and Mr Taylor, the Group’s tax adviser and external accountant, that it was a criminal offence not to pay over PAYE deductions to the Commissioner, that amounts deducted from wages were the property of the Commissioner and not the employer and that if…
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- R v Easton [2013] NZCA 677
- Case
- [2013] NZCA 677
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