New Zealand Case Law: Decisions & Judgments

Topic

Conspiracy to supply

Legal area

Court

10 Feb 2023

R v MCMEEKING [2023] NZHC 167

Citation

[2023] NZHC 167
Court

High Court

The correct method is to set a notional starting point by reference to the quantity the conspiracy intended to produce under Zhang (here band five with a 15-year notional start), reduce that notional starting point to reflect the immaturity of the conspiracy (reduced by half), apply a limited uplift for offending while on release conditions, and then apply mitigation (rehabilitation, remorse and guilty plea discounts) plus a specific credit for time on EM bail, resulting in a final sentence of 3.5 years' imprisonment.
30 Nov 2022

BROWN v THE KING [2022] NZCA 586

Citation

[2022] NZCA 586
Court

Court of Appeal

Given the commercial scale of Mr Brown's methamphetamine dealing, the absence of persuasive medical evidence of health effects, and the fact rehabilitation was recognised by a 15% global deduction, the Court found the District Court did not err and the overall sentence was not manifestly excessive; discounts applied were within principled, case‑specific bounds and the appeal was dismissed.
14 Oct 2022

R v CHARLENE WILLIAMS [2022] NZHC 2660

Citation

[2022] NZHC 2660
Court

High Court

Starting point set at three years three months for drug-related charges (Band 2 under Zhang) with a six month uplift for unlawful possession of three firearms producing a starting point of three years nine months; discounts granted of 11 months for guilty plea, six months for s27 background, seven months for rehabilitation and five months for time on EM bail (total deductions two years five months) producing 16 months, converted to eight months home detention given demonstrable rehabilitation and EM bail compliance.
2 Sept 2022

R v MARFELL [2022] NZHC 2227

Citation

[2022] NZHC 2227
Court

High Court

Defendant was one of the leading figures in a large‑scale methamphetamine distribution network (Band 4) justifying an 11‑year starting point for methamphetamine offending, increased by 2.5 years for significant GBL involvement and package recovery conduct (overall 13.5 years), then reduced by combined mitigation (guilty plea, s27 factors, EM bail totaling six years) to produce an effective sentence of seven years imprisonment, with all counts to be served concurrently.
5 Aug 2022

R v IAKOPO [2022] NZHC 1915

Citation

[2022] NZHC 1915
Court

High Court

Court adopted a starting point of 2 years 2 months (26 months), added 6 months for participation in an organised criminal group and 6 months for prior convictions to reach 38 months. The sentence was reduced sequentially by 15% for guilty plea and 15% for addiction/rehabilitation, and a further deduction of 4 months for strict EM bail compliance, producing a notional sentence of 23 months. As a result home detention was available and the court imposed 10 months' home detention on the defendant.
28 Jul 2022

SALESIO POMALE v R [2022] NZCA 343

Citation

[2022] NZCA 343
Court

Court of Appeal

Starting point of 13.5 years was available given the quantity and central middleman role; however the sentencing judge understated personal mitigation. Increasing personal mitigation to 15% and combining with a 15% guilty plea discount reduced the end sentence to nine years five months; leave to appeal out of time was granted and the appeal allowed.
7 Oct 2021

R v KEOGH [2021] NZHC 2677

Citation

[2021] NZHC 2677
Court

High Court

Starting point for conspiracy to supply methamphetamine (28 g, band 2) set at three years' imprisonment reduced to two and a half years for conspiracy; uplift of six months for the GBL offence applied for total global starting point of three years; applied a full 25% guilty plea discount, approximately 7% credit for EM bail, 15% discount for causative addiction and a further ~8% for demonstrable rehabilitation (net ~55% reduction) reducing the global starting point to 16 months; after crediting time and assessing least restrictive option, the appropriate sentence was four months' home detenti…
19 Aug 2021

TUI v R [2021] NZHC 2168

Citation

[2021] NZHC 2168
Court

High Court

The District Court's 20 month starting point was too high given the lower maximum penalty and comparators; an appropriate starting point is 15 months which, less a 25% guilty plea discount, yields an 11 month term of imprisonment to be served cumulatively; the appeal is allowed and the sentence substituted.
11 Dec 2020

CLARK v R [2020] NZCA 641

Citation

[2020] NZCA 641
Court

Court of Appeal

The Court held the Judge correctly categorised the appellant's role as 'significant' and the starting point was appropriate, but erred in aggregating remorse and rehabilitation into a single deduction; treating them separately (5% remorse, 12% rehabilitation) and applying the two‑stage approach produced substituted concurrent sentences of five years' imprisonment for each methamphetamine offence.
12 Jun 2020

POWHIRO v R [2020] NZHC 1316

Citation

[2020] NZHC 1316
Court

High Court

The High Court held the Judge's sentencing exercise was within proper range: addiction and personal factors were considered and adequately discounted, the EM bail uplift was justified, the minor arithmetic discrepancy was rectified by the totality reduction, leave to appeal out of time was granted and the appeal was dismissed with the 75‑month cumulative sentence affirmed.