New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Possession for manufacture

Legal area

Court

11 Jun 2019

MATTHEWS v R [2019] NZCA 208

Citation

[2019] NZCA 208
Court

Court of Appeal

The Court allowed further evidence and reduced the sentence from 25 to 22 months because the appellant's proven addiction was causally linked to the offending and warranted mitigation, and post‑sentence medical evidence (unavailable at sentencing) justified additional reduction; the Court also granted leave to seek substitution of home detention under s 80K of the Sentencing Act given a suitable address and time served.
11 Jul 2017

R v WILLIAMS [2017] NZHC 1592

Citation

[2017] NZHC 1592
Court

High Court

Given the offending (possession of caustic soda with intent to use in manufacture, possession of GBL and other drug and driving offences), the appropriate starting point and uplifts produced a nominal sentence that justified home detention because the offending was serious but not of a kind to preclude home detention, rehabilitation at Odyssey House was immediately available and likely to reduce reoffending, and credit for pre‑sentence custody and a 17% plea discount were applied.