| IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA |
| CA809/2024 |
| BETWEEN | CHIN KOK SOON |
| AND | THE KING |
| Hearing: | 17 June 2025 |
Court: | Ellis, Peters and Walker JJ |
Counsel: | M T Lennard and N A Mitskevitch for Appellant |
Judgment: | 23 July 2025 at 11.00 am |
JUDGMENT OF THE COURT
AThe application for leave to adduce further evidence on the appeal is granted.
B The appeal is dismissed.
____________________________________________________________________
REASONS OF THE COURT
(Given by Ellis J)
Mr Soon (also known as Mr William) pleaded guilty to the following charges:
(a)twenty representative charges of receiving property exceeding $1,000 in value;[1]
(b)one non-representative charge of receiving property exceeding $1,000 in value; and
(c)one charge of failing to carry out obligations in relation to a computer search.[2]
[1]Crimes Act 1961, ss 246, 247(a) and 66(1) (maximum penalty of seven years’ imprisonment).
[2]Search and Surveillance Act 2021, s 178 (maximum penalty of three months’ imprisonment).
We will return to the facts underlying these charges, shortly.
On 14 November 2024, Mr Soon was sentenced by Radich J to three years and ten months’ imprisonment.[3] The Judge arrived at this sentence by:
(a)adopting a starting point of six years and six months’ imprisonment;[4] and
(b)reducing that starting point by:
(i)25 per cent for guilty pleas;[5]
(ii)10 per cent for previous good character;[6] and
(iii)five per cent for physical and psychological medical factors.[7]
[3]R v Soon [2024] NZHC 3393 [judgment under appeal] at [88].
[4]At [40].
[5]At [43].
[6]At [53].
[7]At [73].
Mr Soon now appeals that sentence on the basis that the Judge erred in not allowing a further discount for the punitive effect of restraint orders made under the Criminal Proceeds (Recovery) Act 2009 (the CPRA) over a number of properties owned by Mr Soon, Ms Eng (Mr Soon’s wife) and/or their company, Synergy Investments Limited (in liquidation).[8] He says this Court’s earlier refusal to entertain such an argument in Henderson v R was wrong or, alternatively, that Mr Soon’s is an exceptional case not ruled out by the broader Henderson dicta.[9]
Further evidence
[8]Synergy was put into liquidation on 27 June 2023.
Mr Soon seeks leave to adduce evidence on his appeal, relating to the restraint orders and their impact on the value of his properties. The evidence is in the form of an affidavit from Mr Lynskey, a solicitor acting for Mr Soon and his wife in relation to the CPRA proceedings. Radich J declined to consider such material,[10] and leave to adduce it on appeal was opposed by the Crown. In our view, however, consideration of that evidence is necessary to fairly understand Mr Soon’s principal position on appeal and we grant leave for that reason, accordingly.
The offending
[10]R v Soon HC Wellington CRI-2022-085-2285, 9 September 2024 (sentence indication of Radich J) at [55].
Radich J summarised Mr Soon’s offending in the…
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- AGLC
- Soon v The King [2025] NZCA 350
- Case
- [2025] NZCA 350
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