7 Dec 2022
WILLIAM ALLAN BERKLAND v R [2022] NZSC 143
- Citation
- [2022] 1 NZLR 509
- Court
- Supreme Court
The Supreme Court allowed both appeals and established as binding principles that (1) culpability in methamphetamine dealing must be assessed primarily by quantum and the offender's role, not the nominal offence category (manufacture/import/supply); (2) the Zhang role categories remain but the 'significant' role must be applied so that the upper end is reserved for those with managerial functions or real operational autonomy and rewards commensurate with risk; (3) offender background (addiction, deprivation, historical dispossession) is relevant and may mitigate where it makes a causative con…