New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Importation of cocaine

  • 30 Aug 2023

    R v DEMANT [2023] NZHC 2403

    Citation
    [2023] NZHC 2403
    Court
    High Court

    Court adopted an overall global starting point of 13 years' imprisonment (7 years for the 200kg conspiracy and an 11 year baseline for cocaine offending uplifted by 2 years for methamphetamine offending), then applied mitigation: 20% for guilty pleas, plus allowances of 5% for remorse, 10% for rehabilitation and 10% for previous good character (combined mitigation applied), to reach a final sentence of seven years and two months' imprisonment; forfeiture and destruction of listed items ordered.

    • Importation of cocaine
    • Conspiracy
    • Possession for supply
    • Manufacture of methamphetamine
    • Guilty plea discounts
    • Remorse and rehabilitation

  • 23 Oct 2020

    FAIYUM v R [2020] NZCA 523

    Citation
    [2020] NZCA 523
    Court
    Court of Appeal

    Appellant's role was between 'lesser' and 'significant' but below that assumed by the District Court; starting point set at the bottom of band five (10 years' imprisonment); no discount for addiction because evidence was self-reported and nexus to offending insufficient; 10% discount for previous good character was appropriate; 15% discount for guilty plea applied; the combination produced an end sentence of seven years and six months' imprisonment, and the original sentence was manifestly excessive and therefore substituted accordingly.

    • Importation of methamphetamine
    • Importation of cocaine
    • Sentencing discounts
    • Addiction as mitigation
    • Good character discount
    • Coercion and duress

  • 4 Feb 2020

    R v SCOTT [2020] NZHC 68

    Citation
    [2020] NZHC 68
    Court
    High Court

    Court assessed individual roles against quantity and Zhang bands and adopted starting points reflecting role and participation in organised criminal group and money laundering: Habulin assessed at the highest level (starting point life, reduced by discounts to 27.5 years after plea); Scott significant multi-role operative (starting point 28 years, reduced to 24 years after plea); Cavallo senior facilitator (starting point 27 years, reduced to 23 years after plea); Northway lesser operational assistant (starting point 19 years, reduced to 14 years 9 months after plea). Modest deductions grante…

    • Importation of cocaine
    • Supply and possession for supply
    • Participation in an organised criminal group
    • Money laundering
    • Starting point assessment
    • Guilty plea discount

  • 23 Apr 2018

    DIXON v R [2018] NZCA 111

    Citation
    [2018] NZCA 111
    Court
    Court of Appeal

    The Court held that, on the totality of evidence—admissions, intercepted communications, structured Western Union transfers, the USD 70,000 drop-off, the FedEx/Rakaia package link and the DEA expert opinion—the Crown proved beyond reasonable doubt that the appellant imported at least six kilograms of cocaine; therefore the appeal against sentence fails and the sentence is affirmed.

    • Importation of cocaine
    • Representative charge
    • Circumstantial evidence
    • Expert evidence (dea)
    • Quantification of controlled drugs
    • Minimum period of imprisonment