New Zealand Case Law: Decisions & Judgments

Topic

Sentencing guidelines (zhang)

Legal area

Court

22 Apr 2021

R v TYLER-WAUGH [2021] NZHC 868

Citation

[2021] NZHC 868
Court

High Court

Defendant's offending fell in Zhang band five (commercial dealing exceeding 2kg equivalent); his role was assessed at the upper end of the 'significant' category (not leading). A 13-year starting point for lead offending plus a 2-year uplift for other offending produced a 15-year starting point. Uplift of six months for prior convictions and offending while subject to release conditions; modest six-month mitigation for proven addiction; full 25% guilty plea discount applied to the 15-year starting point produced an end global sentence of 11 years 3 months' imprisonment. Court imposed a 40% MP…
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…
30 Apr 2020

STEVEN RICHARD PAUL WHITEFORD v R [2020] NZCA 130

Citation

[2020] NZCA 130
Court

Court of Appeal

The methamphetamine offending (approximately 53g) falls within band 2 and the appellant's role was towards the significant end of the spectrum making a five-year starting point appropriate; addiction was not a separate mitigating factor on the evidence, but the appellant's chronic colitis meant imprisonment would be disproportionately severe and warranted a discrete 10% discount on the starting point and uplifts, resulting in reduction of the sentence to four years five months' imprisonment.

New Zealand Case Law

R v TYLER-WAUGH [2021] NZHC 868

BERKLAND v R [2020] NZCA 150

STEVEN RICHARD PAUL WHITEFORD v R [2020] NZCA 130