New Zealand Case Law: Decisions & Judgments

Topic

Manufacture of methamphetamine

Legal area

Court

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.
9 Aug 2023

PAPPS v R [2023] NZCA 352

Citation

[2023] NZCA 352
Court

Court of Appeal

The convictions on charges 10 and 11 were quashed because the Crown accepted the evidence was insufficient to support those convictions; other challenges (amendment of charges, wording of jury questions, extent of manufacture evidence, and alleged counsel errors) did not amount to a miscarriage of justice because the alleged defence counsel deficiencies were either peripheral, remedied at trial, or did not create a real risk of affecting the verdicts; as a consequence sentence was adjusted downward from seven to five months' home detention to reflect the quashed convictions while leaving 100…
31 Jul 2023

R v ELLIS [2023] NZHC 2015

Citation

[2023] NZHC 2015
Court

High Court

Although the quantity of methamphetamine (8kg) placed the offender in Zhang band 5, the defendant's role was towards the lower end of the lesser category; applying Zhang/Berkland/Philip guidance the judge set a starting point of 7.5 years, then applied discounts of 20% for background and addiction, 10% for remorse/rehabilitative prospects and 15% for the guilty plea (total 45%), giving an end sentence of 4 years and 1 month for manufacture with the 6 month money laundering sentence to be served concurrently.
10 Feb 2023

R v DENNIS [2023] NZHC 169

Citation

[2023] NZHC 169
Court

High Court

Offending involved or arranged manufacture of 730g methamphetamine (Zhang band four); appropriate starting point is eight years' imprisonment with a four month uplift for recidivism to eight years four months; apply a 10% reduction for s27 mitigation and a 25% guilty plea discount (total 35%), then deduct ten months EM bail credit, yielding a final sentence of 55 months (4 years 7 months) for the manufacture count with the GBL sentence concurrent; an MPI was not required or imposed.
10 Feb 2023

R v MACFARLANE [2023] NZHC 172

Citation

[2023] NZHC 172
Court

High Court

The Court found the manufacture of 730g methamphetamine was the lead offending and, given the defendant's leading role, sophisticated use of dark web/Bitcoin and organised infrastructure, set a high starting point (effectively global starting point ~14 years 8 months after modest uplift for criminal history). Mitigation for addiction and background was limited due to demonstrated deliberate agency; a modest total mitigation of 35% was applied (25% guilty plea, 5% addiction/early life, 5% remorse/rehabilitation), producing an end sentence of 9 years 6 months. A minimum period of imprisonment e…
2 Nov 2022

R v DUTHIE [2022] NZHC 2851

Citation

[2022] NZHC 2851
Court

High Court

Given the limited and non-repeated use of the property for manufacture (at least one occasion), legitimate financing of the purchase, the substantial equity in the property relative to proceeds of offending, and the real risk of undue hardship if the defendant's entire interest were forfeited, a forfeiture of 50% of the defendant's interest in the property was a proportionate outcome under s 142N(2).
5 Aug 2022

R v SIMPSON [2022] NZHC 1902

Citation

[2022] NZHC 1902
Court

High Court

Applying Zhang band 5 to at least 8 kg manufactured and a leading role, the judge fixed a Whakatane starting point of 14 years, uplifted 2 years for manufacturing capacity/equipment and 2 years for multiple firearms (18 years), added a 2 year uplift for separate Manukau offending (total 20 years), then allowed mitigation (guilty pleas 4.5 years, mental health/addiction 2.5 years, remorse 1 year) totaling 8 years reduction, resulting in an overall sentence of 12 years imprisonment with a minimum period of 5 years before parole eligibility (just over 40%) because mental health/addiction reduced…
6 Aug 2021

R v LIEFTING-BULL [2021] NZHC 2028

Citation

[2021] NZHC 2028
Court

High Court

Starting point of 11 years' imprisonment for principal manufacturing and supply charges reduced by 20% for guilty plea and a further 25% for personal mitigation and rehabilitation (total 45%) yielding six years, less four months' EM bail credit, resulting in an overall sentence of five years and eight months' imprisonment; sentences on all counts to be concurrent; $5,170 forfeited; charge of participating in organised criminal group dismissed (no evidence).
2 Jul 2021

R v PAUL [2021] NZHC 1627

Citation

[2021] NZHC 1627
Court

High Court

Given the defendant's very limited subordinate role the starting point was set at three years' imprisonment; a three month uplift for prior drug convictions and bail status produced 39 months; allowable discounts (20% plea and additional credit for rehabilitation/EM bail compliance totalling 15 months) reduced the effective sentence to 24 months imprisonment which, after accounting for five months pre-sentence custody (treated as ten months) and conversion rules, justified a six month home detention sentence to be served at Odyssey House; sentences to run concurrently.
2 Jul 2021

R v HENDERSON [2021] NZHC 1624

Citation

[2021] NZHC 1624
Court

High Court

Court selected a starting point of eight years nine months imprisonment for the manufacturing charges, applied a 12‑month uplift for related possession and precursor charges, declined uplift for the single offering charge, treated offending on bail as negating other personal credit, allowed a 20% guilty plea reduction (two years), resulting in an effective concurrent sentence of seven years nine months imprisonment; ordered destruction of the firearm and forfeiture of cash.