Coupe v R - [2025] NZHC 3586

Appeal against sentence for offending under the Insolvency Act 2006. Starting point of four years correct although, on appeal, the Court would have imposed a starting point of two years and six months on both concealing charges and applied a higher uplift for the managing a business charge. Uplifts applied for personal aggravating circumstances well principled and in range. No discount for psychological issues as the evidence is not fresh, it does not represent reduced moral culpability for the offending nor would his mental health issues require a reduced sentence as it may be unduly punitive. The Judge correctly imposed a cumulative sentence on an earlier set of offending as two distinct sets of offending that occurred at different times and inflicted loss on different groups of people, with the present offending occurring while subject to EM bail on the earlier offending. Further 18-month adjustment for totality as notional cumulative sentence disproportionate to the gravity of both sets of offending and beyond what is necessary to serve the purposes of sentencing in the circumstances. Cumulative sentence amended to six years and eight months. Appeal allowed in part.