New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Sentencing starting point (fatu bands)

Legal area

Court

2 Jun 2017

R v FINLAYSON [2017] NZHC 1198

Citation

[2017] NZHC 1198
Court

High Court

Offending involved supply and offers to supply 28 grams of methamphetamine and cannabis within Fatu band 2; applying Fatu starting point (4 years 1 month) plus a 3 month uplift for cannabis, then reducing by the agreed 25% guilty plea discount and a further modest 2 month reduction for personal mitigation yields an effective sentence of three years imprisonment; methamphetamine sentences set at three years concurrent and cannabis sentences at nine months concurrent; six charges discharged under s147 as Crown offered no evidence.
11 May 2017

R v ANDREW HAEATA [2017] NZHC 959

Citation

[2017] NZHC 959
Court

High Court

Offending involving a total of 15 grams of methamphetamine falls within band 2 of Fatu and warrants a starting point of three years' imprisonment; substantial and credible rehabilitation evidence justified a six‑month reduction; the guilty plea merited a 20% discount; the resulting two years' imprisonment could lawfully be converted to an end sentence of 12 months' home detention given the defendant's special personal circumstances and suitable residence, with supervisory and treatment conditions imposed.