New Zealand Case Law: Decisions & Judgments

Topic

Importation of drugs

Legal area

Court

19 Mar 2021

WANG v R [2021] NZCA 79

Citation

[2021] NZCA 79
Court

Court of Appeal

The Court allowed the appeal because the District Court misapplied the Zhang banding when selecting the starting point for methamphetamine importation; a six year starting point for methamphetamine was appropriate given the lesser role and quantity, the three year uplift for separate MDMA importation was within range, and the youth discount should be increased to 15%, resulting in a substituted sentence of four years' imprisonment.
17 Jul 2020

R v LIDDER [2020] NZHC 1738

Citation

[2020] NZHC 1738
Court

High Court

Defendant's role was assessed as at the upper end of the 'lesser' category under Zhang; starting point set at 14.5 years, uplifted one year for additional offences to 15.5 years; applied deductions totalling 40% (10% good character, 5% youth/naivety/remorse/foreign national difficulties, 25% guilty plea) producing a final global sentence of nine years three months for importing methamphetamine; concurrent shorter sentences imposed for other charges; no MPI imposed because the sentence achieved denunciation and deterrence and the defendant lacked full awareness of the wider operation; ordered…
27 Mar 2019

R v VEA, COOPER AND SEAL [2019] NZHC 598

Citation

[2019] NZHC 598
Court

High Court

Joinder was appropriate because the charges against Vea and the Operation Grandeur charges share sufficient commonality and cross-admissible evidence so that the probative value of hearing them together outweighs any prejudice; severance under s 138(4) was refused because potential prejudice to co-defendants could be managed by directions and the efficient, fair disposal of all related charges favored a joint trial.
21 Dec 2016

WANG & WEI v R [2016] NZCA 632

Citation

[2016] NZCA 632
Court

Court of Appeal

For Wang the joint representation without informed consent and the failure by counsel to take separate instructions (heightened by use of co-accused as interpreter and prosecutorial evidence focused on Wei) created a real risk the verdict was unsafe; conviction set aside and retrial ordered. For Wei there was no real risk counsel was inhibited or that advice not to testify was defective; his conviction and sentence were upheld and sentencing was within available range given intent and evidence of involvement.
27 Jul 2016

R v GAN [2016] NZCA 354

Citation

[2016] NZCA 354
Court

Court of Appeal

The Judge materially erred in law by excluding the 2013 importation evidence from consideration; when that evidence is properly taken into account together with circumstantial indicators (including unexplained cash deposits) there is sufficient evidence to put charges three and four to a jury, so the s147 discharge is set aside and the charges are reinstated.
15 Oct 2013

PETER PHILLIP LEAITUA v R [2013] NZSC 99

Citation

[2013] NZSC 99
Court

Supreme Court

The application for leave to appeal is dismissed because the Supreme Court applies a restrictive approach to pre-trial appeals under s 13(4) and it is not necessary in the interests of justice to decide the admissibility of the prior conviction before trial; the issue can be raised on appeal after conviction.
9 Feb 2010

WEI FENG PAN V R SC 100/2009

Citation

SC 100/2009
Court

Supreme Court

Leave to appeal dismissed because the jury was entitled to rely in part on inferences of continuity from similar shipments and, on the totality of the evidence, conviction was open; there was no arguable error in the treatment of party liability, no question of general or public importance, no appearance of miscarriage of justice, and no sufficient basis for a second appeal against the life sentence.
7 Aug 2008

HARRIMAN V R SC 28/2008

Citation

SC 28/2008
Court

Supreme Court

Leave to appeal was refused because the proposed grounds were fact‑specific, did not raise questions of general or public importance, and did not establish a miscarriage of justice; the Court of Appeal's confirmation showed the sentence was open to the trial judge.