New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Controlled drug analogue

  • 28 Mar 2018

    R v CHO [2018] NZHC 561

    Citation
    [2018] NZHC 561
    Court
    High Court

    Where defendants pleaded guilty on the basis of recklessness to dealing large quantities of a class C controlled drug analogue, starting points are reduced from those applied where knowledge is established; undue prosecutorial delay warrants a substantial baseline reduction (assessed here as c.12 months and then adjusted for individual circumstances), guilty pleas attract a 25% discount, and totality/personal rehabilitation justified non‑custodial sentences for Cho (10 months home detention), Singh (6 months home detention) and Nguyen (6 months community detention) while Khan received impriso…

  • 23 Feb 2018

    R v LAVRENT [2018] NZHC 229

    Citation
    [2018] NZHC 229
    Court
    High Court

    Court set a 3 year starting point for the Greenstone importations given defendant's limited facilitation role, added a five month uplift for offending committed while on bail, and incorporated the Operation Ark representative selling charge by applying a ten month uplift to reach a combined starting point of four years three months. After mitigation discounts (eight months for remorse, character and rehabilitation; 25% for guilty plea) the sentence reduced to two years eight months. Applying totality to avoid a wholly disproportionate aggregate with the existing eight years six months sentenc…