ORDER PROHIBITING PUBLICATION OF NAME, ADDRESS,
OCCUPATION OR IDENTIFYING PARTICULARS OF CONNECTED PERSON PURSUANT TO S 202 CRIMINAL PROCEDURE ACT 2011. SEE DLM3360349.HTML
IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CRI-2016-004-009662 [2018] NZHC 2552
THE QUEEN
v
LEONARD JOHN ROSS
and
MICHAEL JAMES WEHIPEIHANA
Hearing: 28 September 2018
Counsel: J C L Dixon QC and J A Zwi for the Crown
R S Reed QC and A F Pilditch for the Defendant, Ross
M A Corlett QC and J G Donkin for the Defendant, Wehipeihana
Sentence: 28 September 2018
SENTENCE OF EDWARDS J
Counsel: J C L Dixon QC, Auckland
R S Reed QC, Auckland M A Corlett QC, Auckland J A Zwi, Auckland
A F Pilditch, Auckland J D Donkin, Auckland
Solicitors: Serious Fraud Office, Auckland
Cook Morris Quinn, Auckland Rice Speir, Auckland
R v ROSS and WEHIPEIHANA [2018] NZHC 2552 [28 September 2018]
Introduction
[1] Mr Ross, Mr Wehipeihana, you may remain seated until I ask you to stand. You are here today because a jury found you guilty of three charges of obtaining by deception1, and two representative charges of using a forged document.2
[2] The obtaining by deception charges carry a maximum penalty of seven years’ imprisonment. The using a forged document charges carry a maximum penalty of 10 years’ imprisonment.
[3]I am going to follow a process in sentencing you today.
(a)First, I will summarise the nature of your offending.
(b)Second, I will set out the purposes and principles of sentencing which are relevant in your case.
(c)Third, I will consider an appropriate starting point which reflects the gravity of your offending and your culpability for the role that each of you played in that offending.
(d)Fourth, I will consider whether any uplifts or discounts from that starting point should be made for factors which are personal to each of you.
(e)Finally, I will consider whether a minimum period of imprisonment should be imposed.
The offending
[4]I turn now to summarise your offending.
1 Crimes Act 1961, s 240(1)(b).
2 Crimes Act 1961, s 257(1)(b).
[5] Your offending stems from events in 2008 and 2010. You were both shareholders in a company called Emily Projects Ltd. Mr Ross, you were the majority shareholder in that company with a 55 per cent shareholding. You were also a director. Mr Wehipeihana, you held a 35 per cent shareholding in the company.
[6] Emily Projects was a company formed to carry out the development of a two- towered serviced apartment complex in Auckland, called the Celestion. This was a project that you, Mr Ross, had started with a former business partner, and which you took over when you went your separate ways.
[7] The catalyst for the fraud was the need to obtain funding to carry out the development. Financial institutions were only prepared to lend if there were a number of sale and purchase agreements in place. These are called pre-sales.
[8] The essence…
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- AGLC
- R v Ross [2018] NZHC 2552
- Case
- [2018] NZHC 2552
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