13 Jul 2018
R v INGRAM [2018] NZCA 252
- Citation
- [2018] 3 NZLR 783
- Court
- Court of Appeal
The Court held that MODA classification sets statutory limits but does not prevent sentencing courts from making evidence‑based comparative harm assessments under the Sentencing Act; R v Fatu's guidelines are confined to methamphetamine and do not automatically control sentencing for MDA; applying that principle and expert evidence that MDA is materially less harmful than methamphetamine, Judge Barry's eight‑year starting point for Ingram was within range and his sentence stands, but Judge Ongley's 11‑year starting point for Macris was excessive and Macris's sentence must be reduced to concur…