IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CRI-2017-004-010580
[2019] NZHC 2773
THE QUEEN v
STEVEN ROBERTSON
Hearing: 30 October 2019 Counsel
B Finn, S O’Connor and C Brooke for Crown T A Simmonds and O Cann for defendant
Sentencing:
30 October 2019
SENTENCING NOTES OF KATZ J
Solicitors: Meredith Connell, Office of the Crown Solicitor, Auckland Financial Markets Authority
Counsel: Lorne Street Chambers, Auckland
R v ROBERTSON [2019] NZHC 2773 [30 October 2019]
Introduction
[1] Mr Robertson, you appear for sentence on 23 charges of theft by a person in a special relationship;1 11 charges of obtaining by deception;2 and four charges of dishonest use of a document.3 Each charge carries a maximum penalty of seven years’ imprisonment. The charges were brought by the Financial Markets Authority (“FMA”) following an investigation into your affairs and those of your associated companies.
The offending
[2] The details of your offending are fully set out in the Reasons for Verdicts (“Verdicts”) that I delivered on 19 August 2019.4
The “trading on behalf” charges
[3] In summary, during the period 2009 to 2015 you operated various companies that sold software packages to people to assist them to trade on share, foreign exchange and commodities markets. The software programmes were not easy to use, and some investors did not have the skills or time to master them or were not computer literate. When confronted with disgruntled investors, you would sometimes offer them an alternative. You (or sometimes one of your staff members) told them that if they gave you their money, you, or one of your companies, would trade it on their behalf by investing it for them in the financial markets. You painted a glowing albeit false picture of your prowess as a trader, for example telling one investor that you were “as good as John Key”.
[4] You obtained significant funds for trading on behalf of clients in this way. You did not, however, trade any of those funds as you had promised. Rather, you used the money for your own purposes, including funding a lavish lifestyle involving expensive cars, frequent travel by private helicopter, luxury weekend getaways, overseas holidays (including by private jet), and expensive jewellery.
1 Crimes Act 1961, s 220.
2 Section 240.
3 Section 228(1)(b).
4 R v Robertson [2019] NZHC 2032 at [3]-[26] [“Reasons for Verdicts”].
The shareholding charges (obtaining by deception)
[5] You subsequently offered some of these “trading on behalf” clients a further “opportunity”. You invited them to become shareholders in one of your companies, or in a company you claimed that you were planning to set up overseas. A number of people took up these offers. This group of victims paid tens of thousands of dollars (and in some cases more than that) for fictitious shareholdings. I found in my verdicts that you never actually intended to transfer shares in the relevant companies, or anything else of value, to this group of investors. Rather,…
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- AGLC
- R v Robertson [2019] NZHC 2773
- Case
- [2019] NZHC 2773
- Decision Date
CaseChat Overview and Summary
Final orders: Steven Robertson is sentenced to six years and eight months’ imprisonment, to be served concurrently, with a minimum period of imprisonment of three years and four months on each charge.
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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