R v Robertson

Case

[2019] NZHC 2773

30 October 2019


Details
AGLC Case Decision Date
R v Robertson [2019] NZHC 2773 [2019] NZHC 2773 30 October 2019

CaseChat Overview and Summary

The defendant, Steven Robertson, was convicted on 38 charges of theft, obtaining by deception, and dishonest use of a document, following an investigation by the Financial Markets Authority. The charges stemmed from Robertson's operation of various companies that sold software packages to investors for trading on financial markets. Instead of trading the funds as promised, Robertson used the money for personal expenses, including a lavish lifestyle. The court identified several aggravating factors, such as the nature and extent of the offending, the sophistication of the schemes, the motivation behind the crimes, the vulnerability of the victims, and the significant impact on them. The court determined a starting point of seven years' imprisonment, reflecting the totality of the offending. After considering personal mitigating factors, such as Robertson's previous good character and his efforts to turn his life around, the court decided against granting a discount. Robertson's undertaking to cooperate with liquidators and make assets available to creditors warranted a four-month discount. Ultimately, the court imposed a minimum period of imprisonment of 50%, resulting in a sentence of six years and eight months for each charge, to be served concurrently, with a minimum of three years and four months.

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.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Breach of Trust

  • Unconscionable Conduct

  • Fraud

  • Sentencing

  • Minimum Period of Imprisonment

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Cases Citing This Decision

6

Robertson v The Queen [2021] NZSC 40
Robertson v R [2020] NZCA 218
Cases Cited

11

Statutory Material Cited

0

R v Robertson [2019] NZHC 2032
Arnott v R [2015] NZCA 236
R (SFO) v Robinson [2015] NZHC 1673