New Zealand Case Law: Decisions & Judgments

Topic

Possession of precursors and equipment

Legal area

Court

6 Aug 2021

R v LIEFTING-BULL [2021] NZHC 2028

Citation

[2021] NZHC 2028
Court

High Court

Starting point of 11 years' imprisonment for principal manufacturing and supply charges reduced by 20% for guilty plea and a further 25% for personal mitigation and rehabilitation (total 45%) yielding six years, less four months' EM bail credit, resulting in an overall sentence of five years and eight months' imprisonment; sentences on all counts to be concurrent; $5,170 forfeited; charge of participating in organised criminal group dismissed (no evidence).
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.
22 Apr 2021

R v TYLER-WAUGH [2021] NZHC 868

Citation

[2021] NZHC 868
Court

High Court

Defendant's offending fell in Zhang band five (commercial dealing exceeding 2kg equivalent); his role was assessed at the upper end of the 'significant' category (not leading). A 13-year starting point for lead offending plus a 2-year uplift for other offending produced a 15-year starting point. Uplift of six months for prior convictions and offending while subject to release conditions; modest six-month mitigation for proven addiction; full 25% guilty plea discount applied to the 15-year starting point produced an end global sentence of 11 years 3 months' imprisonment. Court imposed a 40% MP…
17 Apr 2019

R v EMSHOFF [2018] NZHC 857

Citation

R v EMSHOFF [2018] NZHC 857
Court

High Court

Selected a global starting point of three years nine months imprisonment reflecting combined culpability; applied specified mitigating discounts (four months for restrictive bail, nine months for significant rehabilitation) and then a 25% guilty plea reduction, producing a two year custodial term which permitted imposition of home detention; imposed concurrent home detention sentences resulting in an effective sentence of ten months home detention served at the rehabilitation facility under specified conditions.
16 May 2017

R v PIDDECK [2017] NZHC 1016

Citation

[2017] NZHC 1016
Court

High Court

The appropriate starting point for this non‑commercial manufacturing within R v Fatu band 2 is five years' imprisonment; no uplift for prior convictions was imposed due to a long gap in relevant offending; a 10% reduction for remorse and a 25% reduction for guilty plea produced a final sentence of three years five months' imprisonment on the manufacturing charge, with concurrent 18 month terms on the other charges for an overall effective sentence of three years five months.
2 Nov 2006

R V EASTON HC AK CIV 2005-004-021357

Citation

openlaw-596b286f_a5de_4951_ad3d_1ce095e74e0c.pdf
Court

High Court

Court found overwhelming evidence of the defendant's involvement in manufacture and possession for supply, applied R v Fatu banding, set a starting point of six years for the totality of offending and discounted one year for good record and rehabilitation to impose an effective concurrent sentence of five years' imprisonment.

New Zealand Case Law

R v LIEFTING-BULL [2021] NZHC 2028

R v HENDERSON [2021] NZHC 1624

R v TYLER-WAUGH [2021] NZHC 868

R v EMSHOFF [2018] NZHC 857

R v PIDDECK [2017] NZHC 1016

R V EASTON HC AK CIV 2005-004-021357