| IN THE COURT OF APPEAL OF NEW ZEALAND |
| CA468/2015 [2016] NZCA 187 |
| BETWEEN | MORRIS BURTON SUCKLING |
| AND | THE QUEEN |
| Hearing: | 12 February 2016 |
Court: | French, Simon France and Ellis JJ |
Counsel: | Appellant in person |
Judgment: | 10 May 2016 at 10.00 am |
JUDGMENT OF THE COURT
A The appeals against conviction and sentence are dismissed.
BThe commencement of Mr Suckling’s sentence of imprisonment is to be deferred until the earlier of:
(a)the determination of any application under s 80I of the Sentencing Act 2002 to the District Court for cancellation of that sentence and substitution of a sentence of home detention; or
(b)two months from the date of this judgment.
CMr Suckling is granted bail on the following conditions:
(a)he is to reside at 2 Grand Oaks Drive, Palmerston North; and
(b)on the date that either:
(i)his application under s 80I of the Sentencing Act is declined; or
(ii)if no such application is made or remains undetermined, at the expiry of the two month period —
he is to surrender himself to the prison manager at Manawatu Prison.
____________________________________________________________________
REASONS OF THE COURT
(Given by Ellis J)
Following a trial before Judge Atkins QC and a jury in the Palmerston North District Court, Mr Morris Suckling was found guilty of five charges of knowingly providing misleading income tax returns and 10 charges of evading the assessment or payment of GST. He was sentenced by Judge Lynch to one year’s imprisonment, with leave to apply for home detention.[1] He now appeals against both conviction and sentence.
Background
[1]R v Suckling [2015] NZDC 14634 [Sentencing notes of Judge Lynch].
In one form or another, Mr Suckling has operated a seed-treating business from the late 1990s onwards. Initially, he did so through a company, Top Crop Seed Treating Ltd (TCSTL), which was registered for income tax and GST. TCSTL was wholly owned by Mr Suckling and his wife, Christine Suckling.
In 2006, Mr Suckling and TCSTL were audited by Inland Revenue (IR). IR found TCSTL had been invoiced for services provided by Mr Suckling to the company. The invoices were issued by Mr Suckling on behalf of an entity called the Bamen Trust. TCSTL paid the amounts invoiced into a bank account operated by Mr Suckling and his wife, and claimed those amounts (which were described as “subcontractor payments”) as deductions for income tax purposes.
The Bamen Trust was not registered with IR and did not account for the income it received from TCSTL, which, between 2002 and 2006, totalled $283,880. The Commissioner of IR issued default assessments in relation to this income. Mr and Mrs Suckling disputed those assessments on behalf of the Trust. During the ensuing disputes process, Mr Suckling maintained the amounts received represented “the reward for Morris’s labour” and were not taxable. IR’s position was that the “rewards” received constituted taxable income.
The outcome of the disputes process was that Mr Suckling was found liable for the tax on the amounts received.…
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- AGLC
- Suckling v The Queen [2016] NZCA 187
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- [2016] NZCA 187
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