New Zealand Case Law: Decisions & Judgments

Topic

Possession with intent to manufacture

Legal area

Court

9 Aug 2023

PAPPS v R [2023] NZCA 352

Citation

[2023] NZCA 352
Court

Court of Appeal

The convictions on charges 10 and 11 were quashed because the Crown accepted the evidence was insufficient to support those convictions; other challenges (amendment of charges, wording of jury questions, extent of manufacture evidence, and alleged counsel errors) did not amount to a miscarriage of justice because the alleged defence counsel deficiencies were either peripheral, remedied at trial, or did not create a real risk of affecting the verdicts; as a consequence sentence was adjusted downward from seven to five months' home detention to reflect the quashed convictions while leaving 100…
28 Nov 2017

R v CHAN [2017] NZHC 2924

Citation

[2017] NZHC 2924
Court

High Court

The appropriate sentence was derived by starting from 13 years 10 months to reflect the gravity and scale of the planned manufacture; a 20% reduction was applied for the timely guilty pleas and a two month reduction for separation hardship as a foreign national; discounts for alleged good character, remorse or rehabilitation were denied or limited where unsupported or inconsistent with the facts; an MPI of 50% was imposed because one-third would be insufficient to achieve accountability, denunciation and deterrence for this pivotal commercial drug offending, yielding a final sentence of 10 ye…
24 May 2016

R v ROGERS [2016] NZHC 1103

Citation

[2016] NZHC 1103
Court

High Court

Starting point fixed at 25 years' imprisonment based on role, quantity (six manufactures totalling accepted >7kg), distribution involvement and possession of precursor/materials; a 5% reduction applied for personal mitigation then a 20% reduction for guilty pleas (applied sequentially) produced an effective sentence of 19 years' imprisonment; sentences on counts to be served concurrently; minimum period of imprisonment set at 50% (9.5 years) before eligibility for release; concurrent individual count sentences specified (manufacturing counts lead).
1 Mar 2016

WILLIAMS v R [2016] NZCA 36

Citation

[2016] NZCA 36
Court

Court of Appeal

The evidence (text messages, tick lists, packaging, scales and conduct) justified the trial Judge's factual finding of commercial offending and the adopted starting point was within range; the three month rehabilitative discount was not inadequate given the commercial nature of the offending; accordingly the appeal against sentence fails and the trial sentence stands; extension of time to appeal granted.

New Zealand Case Law

PAPPS v R [2023] NZCA 352

R v CHAN [2017] NZHC 2924

R v ROGERS [2016] NZHC 1103

WILLIAMS v R [2016] NZCA 36