New Zealand Case Law: Decisions & Judgments

Topic

Sentencing guidelines (r v fatu)

Legal area

Court

20 May 2020

SATHERLEY v R [2020] NZCA 171

Citation

[2020] NZCA 171
Court

Court of Appeal

Extension of time to file the appeal was granted due to acceptable explanation and no prejudice; on merits the starting point of four years for possession of methamphetamine for supply was appropriate given quantity and multiple indicia of commercial supply (packaging, scales, ticklist, CCTV), modest uplifts for prior convictions and taser possession were justified, the EM bail credit and compassionate credit were within discretion, and the overall sentence was not manifestly excessive; appeal dismissed.
28 Sept 2018

R v TOMAN [2018] NZHC 2546

Citation

[2018] NZHC 2546
Court

High Court

Starting point fixed at five years and nine months imprisonment pursuant to R v Fatu band two given the estimated 140–168g and mid-level dealer role; uplifted six months for prior drug convictions and deterrence; deducted 14 months for severe addiction and rehabilitation prospects; applied a just over 20% guilty plea discount to reach a final sentence of four years' imprisonment to be served concurrently on both charges.
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…
30 May 2017

R v CATLEY [2017] NZHC 1152

Citation

[2017] NZHC 1152
Court

High Court

Offending was band four commercial supply of very large quantity (about 1.16 kg) with meaningful organisational involvement; a 12 year starting point was appropriate, reduced by 25% for guilty plea and genuine remorse to a term of nine years on the lead charge; no minimum period of imprisonment was imposed; other charges sentenced concurrently and drug exhibits destroyed.

New Zealand Case Law

SATHERLEY v R [2020] NZCA 171

R v TOMAN [2018] NZHC 2546

R v WELLINGTON [2018] NZHC 2196

R v CATLEY [2017] NZHC 1152