New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Possession of cannabis for supply

  • 13 May 2022

    CHARLETT v NEW ZEALAND POLICE [2022] NZHC 1029

    Citation
    [2022] NZHC 1029
    Court
    High Court

    The District Court sentence of 28 months' imprisonment was manifestly excessive; an appropriate end sentence of imprisonment was 23 months but that custodial sentence could be met by a less restrictive sentence, so the end sentence was commuted to 11 months home detention, reduced to nine months taking account of approximately two months custody already served; the High Court substituted the nine months home detention sentence.

    • Injuring by unlawful act
    • Threatening to damage
    • Possession of cannabis for supply
    • Possession of utensils
    • Driving while suspended
    • Loss of traction

  • 27 Feb 2020

    R v TE POONO [2020] NZHC 308

    Citation
    [2020] NZHC 308
    Court
    High Court

    A total effective sentence of 16 months' imprisonment was imposed (13 months for possession of cannabis for supply and 3 months for being an accessory after the fact), to be served cumulatively, with leave reserved to apply for home detention if a suitable rehabilitation placement and address become available; $530 cash forfeited under s 32 Misuse of Drugs Act 1975.

    • Possession of cannabis for supply
    • Accessory after the fact to causing grievous bodily harm with intent
    • Guilty plea discount
    • Totality principle
    • Forfeiture under misuse of drugs act
    • Home detention and rehabilitation

  • 12 Feb 2016

    KANAPU v NEW ZEALAND POLICE [2016] NZHC 143

    Citation
    [2016] NZHC 143
    Court
    High Court

    The High Court held that New Zealand courts have jurisdiction over all persons in New Zealand including tangata whenua, Acts of Parliament bind Māori and customary law/Te Ture Whenua Māori Act do not create a separate criminal jurisdiction; there was no jurisdictional error and no miscarriage of justice in conviction; the sentence fell within established Terewi-based ranges for low-level commercial supply and was not manifestly excessive, therefore the appeal is dismissed.

    • Possession of cannabis for supply
    • Jurisdiction of new zealand courts over tangata whenua
    • Te reo māori interpreter request
    • Sentencing principles
    • Leave to appeal out of time