24 Aug 2018
R v WELLINGTON [2018] NZHC 2196
- Citation
- [2018] NZHC 2196
- Court
- High Court
Fatu bands remain binding guidance but are not to be applied mechanistically; quantity is important but offender role, aggravating and mitigating factors can justify departure. Applying that approach the judge set starting points reflecting both quantity and role, sentenced Riki Wellington to 13 years imprisonment with a five-year minimum due to a principal distribution role and large total quantity (~1.5 kg), and sentenced Chevonne Wellington to seven years cumulative (no minimum) because of a lesser role and significant addiction and rehabilitation prospects; adjustments made for EM bail, o…