R v KEMP [2018] NZHC 2360

R v KEMP [2018] NZHC 2360

Given wholesale supply of >10,000 pills but assessed culpability as recklessness, the judge set a starting point of 2 years 10 months, reduced six months for undue delay to 2 years 4 months, applied a 25% guilty plea discount to reach an end sentence of 1 year 5 months, but imposed a non-custodial outcome of six months community detention to preserve employment and promote rehabilitation while marking denunciation and deterrence.

Citation
[2018] NZHC 2360
Parties
Crown: The Queen; Prisoner: Rangimarie Kemp
Court
High Court
Jurisdiction
New Zealand
Judgment Date
7 September 2018
Procedural Posture
Criminal Drug Offence / Sentencing
Outcome
Convicted and sentenced to six months community detention
Legal Topics
Controlled Drugs (4 Mec), Sentencing Principles, Guilty Plea Discount, Delay in Proceedings, Community Detention, Recklessness Vs Knowledge
Criminal Law Drugs Law Sentencing Controlled Drugs (4 Mec) Sentencing Principles Guilty Plea Discount Delay in Proceedings Community Detention +1 more

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Parties

The Queen

Crown

Rangimarie Kemp

Prisoner

Procedural Posture

Criminal Drug Offence / Sentencing

Legal Issues

  1. 1 Appropriate sentencing starting point for wholesale supply of controlled drug analogue
  2. 2 Effect of recklessness (rather than actual knowledge) on culpability
  3. 3 Effect of undue delay on sentence

Ratio Decidendi

Given wholesale supply of >10,000 pills but assessed culpability as recklessness, the judge set a starting point of 2 years 10 months, reduced six months for undue delay to 2 years 4 months, applied a 25% guilty plea discount to reach an end sentence of 1 year 5 months, but imposed a non-custodial outcome of six months community detention to preserve employment and promote rehabilitation while marking denunciation and deterrence.

Court Disposition

Convicted and sentenced to six months community detention

Orders

  • Convicted on one representative charge of selling a class C controlled drug (4-MEC)
  • Sentence: six months community detention