New Zealand Case Law: Decisions & Judgments

Topic

Offering to supply

Legal area

Court

30 Aug 2022

R v TALI [2022] NZHC 2181

Citation

[2022] NZHC 2181
Court

High Court

Given the defendant's very minor, short‑term role at the bottom of the group's hierarchy and lack of significant financial benefit, the appropriate starting point for the participation offence was set at 2.5 years' imprisonment; applying combined discounts of 45% (25% guilty plea, 15% rehabilitation, 5% remorse) reduced the sentence to approximately 16.5 months, which, as a short term, was converted to home detention and halved, resulting in an eight‑month home detention sentence; methamphetamine charges were ordered concurrent and did not attract separate uplift.
25 Aug 2022

TUPOU ILA MALOLO v R [2022] NZCA 399

Citation

[2022] NZCA 399
Court

Court of Appeal

Offers to supply that are near completion may be treated as supply for the purpose of assessing quantum under the Zhang bands; the starting point of 11 years was open on the facts and the judge's 12 month (approx. 10%) discount for mitigation was not in error; leave to appeal out of time is granted and the appeal is dismissed.
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.
2 Jul 2021

R v HENDERSON [2021] NZHC 1624

Citation

[2021] NZHC 1624
Court

High Court

Court selected a starting point of eight years nine months imprisonment for the manufacturing charges, applied a 12‑month uplift for related possession and precursor charges, declined uplift for the single offering charge, treated offending on bail as negating other personal credit, allowed a 20% guilty plea reduction (two years), resulting in an effective concurrent sentence of seven years nine months imprisonment; ordered destruction of the firearm and forfeiture of cash.
10 Jun 2021

R v WILLIAMS [2021] NZHC 1368

Citation

[2021] NZHC 1368
Court

High Court

Offending attracted a category two starting point of two years and nine months' imprisonment (reflecting commerciality and middleman role), uplifted by three months for methamphetamine possession, then a 30% universal discount for guilty pleas and personal factors resulted in an end sentence of eleven months and two weeks which is to be served by home detention at the defendant's residence.
18 Apr 2019

CLEAVER v THE QUEEN [2019] NZHC 895

Citation

[2019] NZHC 895
Court

High Court

Leave to appeal out of time granted because delay was adequately excused and the Crown not prejudiced; the eight month home detention was manifestly excessive when compared with relevant authorities (Delamore, Coombes, McKee) for similar or more serious offending and should be reduced to six months' home detention, with original District Court conditions to remain in force, effective 3 September 2018.
22 Jun 2018

R v BERKLAND [2018] NZHC 1520

Citation

[2018] NZHC 1520
Court

High Court

Court set a starting point of 16.5 years for the methamphetamine offending, applied a one year uplift for other offending to reach 17.5 years, allowed a 6 month reduction for personal mitigating factors (dependency and rehabilitation steps) to 17 years, then applied a guilty plea discount of 3 years and 9 months (25% as quantified in the judgment) resulting in a final concurrent sentence of 13 years and 3 months' imprisonment and a minimum period of imprisonment of 6 years and 6 months; orders for destruction of seized drugs, paraphernalia and non‑returnable firearms/ammunition were made.
21 Mar 2018

DANIELS v R [2018] NZCA 62

Citation

[2018] NZCA 62
Court

Court of Appeal

The new alibi evidence was not admitted because it was not fresh and lacked sufficient probative cogency to create a real risk of miscarriage of justice (it was consistent with the complainant's evidence that the appellant spent the day with his daughter and therefore did not materially undermine the convictions). On sentencing, a four-year starting point for supply of approximately 13 grams of methamphetamine and a cumulative uplift of 22 months for serious violence (strangulation), multiple threats and prior offending were held to be within the available range and not manifestly excessive;…
22 Mar 2017

R v Broughton [2017] NZHC 523

Citation

[2017] NZHC 523
Court

High Court

A three year starting point was appropriate for the combined methamphetamine supply-related offending; the Court applied a 3 month personal mitigation discount and an 8 month guilty plea discount reducing the effective sentence to two years and one month imprisonment; concurrent sentences were imposed for multiple counts; cash seized was forfeited to the Crown except $1,600 and two charges were discharged where the Crown offered no evidence.
7 Oct 2016

FEARNLEY v R [2016] NZHC 2395

Citation

[2016] NZHC 2395
Court

High Court

Leave to file out of time was granted and the High Court held the starting point of two years and three months was within the available range given the scale of offending (approximately 60g over two months); the disputed factual assertions about amounts would not have altered the sentence; the sentence was not manifestly excessive and the appeal was dismissed.