New Zealand Case Law: Decisions & Judgments

Topic

Commerciality

Legal area

Court

17 Oct 2018

COTTON v R [2018] NZHC 2686

Citation

[2018] NZHC 2686
Court

High Court

The High Court held the District Court's starting point of four years for possession of 47g of methamphetamine was within the appropriate Fatu range given the substantial quantity and potential harm; lack of commerciality was a mitigating factor but did not justify a materially lower starting point on these facts, and after discounts (including 25% for an early guilty plea) the imposed sentence of two years and three months was not manifestly excessive; appeal dismissed.
21 Mar 2018

HASSALL v NEW ZEALAND POLICE [2018] NZHC 487

Citation

[2018] NZHC 487
Court

High Court

The starting point of 27 months was outside the available sentencing range for the offending described. The Court found the manufacture involved low-level commerciality and moderate quantities but was aggravated by danger to residents and a nearby school; a starting point of 18 months was appropriate, a six month uplift for relevant prior convictions raised the notional term to 24 months, and applying a 25% guilty plea discount produced a final sentence of 18 months imprisonment.
17 Aug 2017

R v RICHARDSON [2017] NZHC 1970

Citation

[2017] NZHC 1970
Court

High Court

The Court found, beyond reasonable doubt, the offending included at least some commercial element and therefore set a five year starting point (band two). The Court applied constrained mitigation for ill health due to insufficient medical evidence and allowed discounts (each assessed at 15 percent in the judgment) including for conventionally agreed mitigation and for the guilty plea, producing a final sentence of 35 months' imprisonment.

New Zealand Case Law

COTTON v R [2018] NZHC 2686

HASSALL v NEW ZEALAND POLICE [2018] NZHC 487

R v RICHARDSON [2017] NZHC 1970