New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Methamphetamine

  • 18 Nov 2022

    R v NAMOA [2022] NZHC 3025

    Citation
    [2022] NZHC 3025
    Court
    High Court

    The judge set a starting point of five years' imprisonment recognizing the defendant's lesser role but exceptional factors akin to Singh/Fangupo justified a downward departure from the usual Zhang band 4 range; applied discounts totalling 60% (youth 25%, guilty plea 25%, previous good character/fall from grace 5%, background 5%) reducing the sentence to two years' imprisonment, then converted that to 12 months' home detention (halfing principle for home detention), to be served concurrently on both counts at the address and subject to conditions in the pre-sentence report.

  • 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…

  • 23 Jun 2021

    TANG v R [2021] NZCA 266

    Citation
    [2021] NZCA 266
    Court
    Court of Appeal

    Court held the 16 year starting point was at the upper end but within range; the two year uplift for ephedrine was excessive and reduced to six months resulting in a global starting point of 16 years 6 months; existing discounts applied by the sentencing Judge were not increased given prevailing sentencing practice and case gravity, producing an end sentence of 12 years' imprisonment; and the MPI was imposed mechanistically and was quashed as unnecessary in the circumstances.

  • 8 Jun 2021

    R v WILLIAMS [2021] NZHC 1338

    Citation
    [2021] NZHC 1338
    Court
    High Court

    The offender occupied a significant facilitative financial role in a large-scale methamphetamine operation, aggravated by personal gain and exceptional premeditation via cryptocurrency arrangements; a starting point of 3 years and 3 months imprisonment was appropriate, reduced by a 20% guilty plea discount, a 5% allowance for childhood trauma and a reduction approximating four months for time on electronically monitored bail, giving a final sentence of 2 years and 1 month imprisonment; home detention was not appropriate.

  • 7 Dec 2020

    CORLESS v R [2020] NZHC 3208

    Citation
    [2020] NZHC 3208
    Court
    High Court

    Given the purity‑adjusted quantity (105.39g) and surrounding circumstantial evidence plus the statutory presumption, the District Court's starting point (4.5 years uplifted to 5 years for offending while on parole) was proper; the Judge's specified discounts (25% for guilty plea, 15% for addiction, and a six‑month recall credit) were within permissible bounds and did not produce a manifestly excessive sentence, so the appeal is dismissed.

  • 2 Dec 2020

    EVANS v POLICE [2020] NZHC 3161

    Citation
    [2020] NZHC 3161
    Court
    High Court

    Where an offender has a lesser, courier/transitory role in supplying methamphetamine just above the 250g threshold, the starting point within band three may be reduced (following Su v R); the sentencing Judge had overstated the uplift for associated offending and the minimum period was unnecessary in light of time already served; accordingly the Court allowed the appeal, quashed the previous sentence and substituted a reduced determinate sentence of three years and eight months and quashed the minimum period.

  • 6 Oct 2020

    R v TRAN [2020] NZHC 2633

    Citation
    [2020] NZHC 2633
    Court
    High Court

    Quantity (109.6 kg) places offending in Zhang band 5; defendant's role assessed as lesser (higher end) leading to a 21-year starting point; apply 5% reduction for foreign national hardship and 25% for an early guilty plea (total 30% reduction) yielding 14 years 7 months' imprisonment; impose an MPI of 7 years because the scale of commercial dealing requires deterrence, denunciation and accountability.

  • 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…

  • 21 Oct 2019

    ZHANG v R [2019] NZCA 507

    Citation
    (2019) 29 CRNZ 282
    Court
    Court of Appeal

    The Court retained quantity-based Fatu bands but revised them and their entry points, confirmed role must be a central part of stage one culpability assessment (able to move an offender within and between bands), subdivided the top band to add a band for >2kg, lowered starting points for bands 1–4, held that addiction causatively linked to offending may justify mitigation (indicative up to 30%), emphasised personal circumstances apply at stage two for all Class A drug offending, required reasoned application of s86 before imposing minimum periods (no routine minima), encouraged use of s25 adj…

  • 18 Dec 2018

    R v EGGLETON [2018] NZHC 3375

    Citation
    [2018] NZHC 3375
    Court
    High Court

    Adopted a 24‑month starting point under R v Fatu for low‑level supply; applied a 6‑month uplift for prior methamphetamine convictions and a 3‑month uplift for offending while subject to supervision (total uplift 9 months, subtotal 33 months); applied a 10% guilty plea discount (3.3 months) and credited 2 months for EM bail, producing an effective sentence of approximately 28 months, imposed as 2 years 4 months' imprisonment.