R v Ross

Case

[2018] NZHC 2552

28 September 2018


Details
AGLC Case Decision Date
R v Ross [2018] NZHC 2552 [2018] NZHC 2552 28 September 2018

CaseChat Overview and Summary

In the case of R v Ross and Wehipeihana, the High Court of New Zealand was tasked with sentencing Leonard John Ross and Michael James Wehipeihana on charges of obtaining by deception and using forged documents. Both defendants were found guilty of three counts of obtaining by deception and two counts of using forged documents in relation to a fraudulent scheme involving a property development project. The court determined starting points for each defendant, considering the gravity of the offending, their respective roles, and the principle of consistency with other cases. Ross, as the architect of the deception, received a starting point of five years and six months, while Wehipeihana, who played a central role, received a starting point of five years. Various personal factors, such as remorse, good character, and the impact on their families, were considered in determining the final sentences. The court declined to impose a minimum period of imprisonment for both defendants, opting for sentences of four years and four months for Ross and four years and three months for Wehipeihana, reflecting the principles and purposes of sentencing.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Obtaining by Deception

  • Using a Forged Document

  • Sentencing

  • Remorse

  • Good Character

  • Admissibility of Evidence

Actions
Download as PDF Download as Word Document

Most Recent Citation
R v Goel [2023] NZHC 585

Cases Citing This Decision

4

Ross v R [2019] NZCA 455
R v Goel [2023] NZHC 585
Ross v R [2019] NZCA 455
Cases Cited

8

Statutory Material Cited

0

R v McKinley [2018] NZHC 601
R v Connelly [2008] NZCA 550