New Zealand Case Law: Decisions & Judgments

Topic

Attempted importation

Legal area

Court

3 Nov 2022

R v ZAGROS [2022] NZHC 2874

Citation

[2022] NZHC 2874
Court

High Court

Applying Zhang, quantity (3.67kg imported, 4.33kg attempted) placed offending in band five, but role assessment required finding defendant occupied a leading role (or high end of significant). Court fixed a 13-year starting point for the importation offences, uplifted by 2 years for attempted importations (total starting point 15 years), plus 1 year for MDMA supply and 1 year for money laundering to reach a 17-year aggregate starting point. The court then applied a 10% guilty plea discount (21 months) and adjusted for offending while on parole (credit/adjustment equivalent to nine months), pr…
7 Nov 2019

R v FANGUPO [2019] NZHC 2896

Citation

[2019] NZHC 2896
Court

High Court

The judge found the principal offenders (Kulu and Fangupo) were co-equals and leaders who imported approximately 20 kilograms each (including caught and uncaught packages and attempted imports), adopted starting points of 20 years (Kulu) and 19 years (Fangupo), applied 10% mitigation for good character/rehabilitation factors resulting in final custodial terms of 18 years (Kulu) and 17 years (Fangupo) and imposed 50% minimum periods for parole eligibility; Finau was found to have a lesser, inept role, adopted an 8-year starting point plus one year uplift for a dangerous firearm/ ammunition and…
1 May 2018

SMITH v NEW ZEALAND POLICE [2018] NZHC 878

Citation

[2018] NZHC 878
Court

High Court

Judge Jagose found the six-year starting point was excessive because the combined-uplift used by the sentencing Judge moved the starting point materially beyond the band of comparable starting points for principal roles in LSD importation (identified at 3.5–5.5 years); applying appropriate uplifts and generous discounts (youth, autism spectrum disorder, rehabilitation, and 25% guilty plea credit) to a five-year starting point produced an end sentence of 22 months which the Court substituted and then lawfully commuted to 11 months home detention given the offender's youth and mitigating profil…
10 Nov 2017

R v PIAHANA & MATTHEWS [2017] NZHC 2763

Citation

[2017] NZHC 2763
Court

High Court

Where defendants were low-level 'catchers' with limited culpability and substantial personal mitigators (serious physical and mental ill health, age, family responsibilities, lack of prior offending and genuine remorse) the Court reduced the standard starting point for attempted importation (adopted lower starting points than Crown suggested), applied substantial percentage discounts (including 25% for ill health in Matthews, other discounts for remorse, good character and guilty plea) and concluded the least restrictive appropriate sanction was 11 months home detention for each defendant; co…
25 Sept 2017

R v UPUTAUA [2017] NZHC 2320

Citation

[2017] NZHC 2320
Court

High Court

Applying Fatu banding and assessing role (support/cut-out) the lead starting point for possession of 14.9kg methamphetamine was fixed at 15 years; uplift of two years was added for two attempted imports and one year for cocaine possession producing an 18‑year starting point; a guilty plea discount of 3 years 9 months was applied (slightly over 20%); limited additional mitigation was allowed only for remorse (6 months reduction), producing a lead sentence of 13 years 9 months with concurrent terms for other offences and a minimum term of 6 years 9 months before parole eligibility.

New Zealand Case Law

R v ZAGROS [2022] NZHC 2874

R v FANGUPO [2019] NZHC 2896

SMITH v NEW ZEALAND POLICE [2018] NZHC 878

R v PIAHANA & MATTHEWS [2017] NZHC 2763

R v UPUTAUA [2017] NZHC 2320