New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Role in drug supply

  • 6 Nov 2020

    GRAY v R [2020] NZCA 548

    Citation
    GRAY v R [2020] NZCA 548
    Court
    Court of Appeal

    The Court held the District Court overstated the appellant's role and set the starting point for the drug offending at six years rather than seven; the uplifts for violence against the officer and police dog were appropriate and incorporated totality discounts; the cultural background warranted an increased discount to 15 percent; applying Moses to calculate mitigating discounts produced an end sentence of five years and five months which substituted the prior six years nine months sentence; concurrent sentences on other charges were confirmed.

  • 8 May 2020

    BERKLAND v R [2020] NZCA 150

    Citation
    [2020] NZCA 150
    Court
    Court of Appeal

    Zhang applies; given a 15 kg quantity and the appellant's assessed role as a high-end 'significant' participant (trusted deputy with operational/management functions, custody of cash and firearms, and involvement in major transactions), the original starting point for methamphetamine offending (16.5 years) was within range; however, undocumented mitigating material showing active rehabilitation warranted an increased mitigation allowance (additional six months), resulting in substitution of the High Court end sentence with 12 years 9 months and the minimum period with 6 years 3 months; s86 mi…