The use of good character discounts in sentencing financial fraudsters

Abstract

This article assesses how good character is used to discount sentences in tax and benefit fraud cases in Aotearoa New Zealand. Four factors are highlighted. The first is a focus on neoliberal priorities that privilege “good citizens” who are primarily tax fraudsters, with the provision of sentence discounts to ensure the offender can remain in employment. The second is sentence reduction, which is primarily visible in tax cases when repayment of the outstanding funds is made. While the average value of benefit fraud is less than a quarter of the average tax fraud, typically, money obtained from benefit fraud is used for living expenses and not available for repayment. Third, only tax fraudsters benefited from anticipated reparation, on the expectation from the court that this would occur after sentencing. Finally, the ways in which prior tax offending is classified leave tax offenders in a stronger position to claim no prior offending and receive a sentence reduction for good character. These factors combine to result in unfair outcomes that benefit tax offenders.