New Zealand Case Law: Decisions & Judgments

Topic

Possession for supply

Legal area

Court

5 Dec 2023

TREWAVAS v R [2023] NZHC 3533

Citation

[2023] NZHC 3533
Court

High Court

The sentencing judge's starting point for the sexual offending (2 years 9 months) and the 12-month uplift for cannabis offending were justified by the defendant's sustained supply relationship that increased the victim's vulnerability and unsophisticated premeditation; the discounts for personal factors and guilty pleas (totaling approximately 28.89%) were appropriate and not manifestly inadequate; no sentencing error was shown that would make the overall 32-month sentence manifestly excessive, so the appeal is dismissed.
2 Nov 2023

TULE v R [2023] NZCA 543

Citation

[2023] NZCA 543
Court

Court of Appeal

Given the quantity of methamphetamine and the appellant's guilty plea, the Judge reasonably placed the starting point in the mid-range of Zhang band two and appropriately uplifted the sentence for associated firearms; the resulting sentence of four years and six months was within the permissible range and not manifestly excessive, and the Court retained jurisdiction to determine the sentence appeal after abandonment of the conviction appeal.
14 Sept 2023

TAN & ORS v R [2023] NZCA 446

Citation

[2023] NZCA 446
Court

Court of Appeal

No miscarriage of justice was established: joint representation and counsel choices did not render trials unfair; associated defendant compellability prevented compelling co-defendant evidence; guilty pleas were voluntary and informed; sentencing Judge correctly applied Zhang and assessed roles; Berkland refinements to role descriptions considered but did not alter findings that Wong was a leader; minimum period imposed on Wong was unnecessary and set aside; all other convictions and sentences affirmed.
13 Sept 2023

RANGIRANGI v NEW ZEALAND POLICE [2023] NZHC 2554

Citation

[2023] NZHC 2554
Court

High Court

The Judge did not err: given the plea history (initial indication, subsequent not guilty election, negotiations and late plea) a 20% guilty plea discount was appropriate; the pre-sentence report and prior offending meant remorse was not sufficiently established and no rehabilitative need was demonstrated, so no further discount was warranted; therefore the sentence of two years two months imprisonment was properly imposed.
31 Aug 2023

R v LATIMER [2023] NZHC 2315

Citation

[2023] NZHC 2315
Court

High Court

The appeal was dismissed because the Crown failed to demonstrate that the sentence was manifestly inadequate or that the sentencing judge erred in principle; the Crown's changed position after a sentence indication did not meet the high threshold established in Donaldson and Philip v R for substituting imprisonment for a community-based rehabilitative sentence.
30 Aug 2023

R v DEMANT [2023] NZHC 2403

Citation

[2023] NZHC 2403
Court

High Court

Court adopted an overall global starting point of 13 years' imprisonment (7 years for the 200kg conspiracy and an 11 year baseline for cocaine offending uplifted by 2 years for methamphetamine offending), then applied mitigation: 20% for guilty pleas, plus allowances of 5% for remorse, 10% for rehabilitation and 10% for previous good character (combined mitigation applied), to reach a final sentence of seven years and two months' imprisonment; forfeiture and destruction of listed items ordered.
30 Aug 2023

TUKIWAHO v NEW ZEALAND POLICE [2023] NZHC 2395

Citation

[2023] NZHC 2395
Court

High Court

The High Court dismissed the appeal because the District Court's starting points and adjustments were within the available range given the proven commerciality of the cannabis offending and the aggravating presence of weapons and readily accessible ammunition; the totality adjustment and credits were appropriate and the refusal to adjourn for Moana House was not erroneous where the programme was unavailable to those awaiting sentence.
31 Jul 2023

KIM v R [2023] NZCA 332

Citation

[2023] NZCA 332
Court

Court of Appeal

Appellant's placement at the lower end of the 'significant' role was correct given quantities handled, entrusted responsibilities and ongoing operational function; the 14-yearish starting point adjusted for discounts produced a lawful end sentence of 10 years 10 months; s 27/cultural/addiction factors did not causatively reduce moral culpability to warrant a discrete discount; and a 40% minimum period was justified for denunciation and general deterrence. Appeal dismissed.
10 Jul 2023

Hafoka v R [2023] NZHC 1804

Citation

[2023] NZHC 1804
Court

High Court

The District Court erred by allowing only a 15% plea discount and by mischaracterising the pre-sentence report and over-emphasising the Misuse of Drugs Act presumption of imprisonment; a 20% plea reduction was appropriate and, on a principled assessment under the Sentencing Act, home detention was the least restrictive appropriate sentence so the sentence of imprisonment was quashed and substituted with eight months home detention with specified conditions.
26 Jun 2023

WIRIHANA-HOSKINS v R [2023] NZHC 1591

Citation

[2023] NZHC 1591
Court

High Court

Appellant's involvement was not minimal and, although personal mitigation lowered overall gravity to low–moderate, there was insufficient evidence of a real and appreciable risk that conviction would cause consequences out of all proportion to that gravity; therefore s 107 threshold was not met and the District Court's refusal to discharge without conviction was upheld.