New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Sentencing guidelines (zhang v r, r v fatu)

  • 30 Jul 2020

    MARTIN v R [2020] NZCA 318

    Citation
    [2020] NZCA 318
    Court
    Court of Appeal

    The Court exercised discretion to apply Zhang in the special circumstances because the appellant had instructed appeal promptly and counsel awaited Zhang; the offending (approximately 600g) fell into Zhang band 4 and, balancing solo operation against commerciality and weapons, a starting point of 12 years was appropriate, uplifted one year for related offending to a notional 13 years; deductions of 5% for remorse, 25% for guilty plea and a further 10% for addiction and rehabilitative prospects (applied pursuant to Moses) produced a final sentence of seven years and ten months, and the origina…

    • Methamphetamine manufacture
    • Sentencing guidelines (zhang v r, r v fatu)
    • Guilty plea and remorse discounts
    • Mitigation: addiction and mental health
    • Application of guideline judgments

  • 5 Jun 2020

    HARDING v R [2020] NZCA 217

    Citation
    [2020] NZCA 217
    Court
    Court of Appeal

    Zhang did not require reduction of the starting point for an apex offender who manufactured 6.5kg; given quantity and the appellant's leadership and comprehensive role the overall starting point of 30 years was within range, a 5% guilty plea discount was appropriate, life imprisonment was not required given offender circumstances, and the resulting finite sentence of 28.5 years with a 10-year minimum was not manifestly excessive; appeal dismissed.

    • Methamphetamine manufacture and supply
    • Misuse of drugs act 1975
    • Sentencing act 2002 s8(c) and s86(4)
    • Sentencing guidelines (zhang v r, r v fatu)