New Zealand Case Law: Decisions & Judgments

Topic

Possession of methamphetamine

Legal area

Court

14 Dec 2023

CADE v NEW ZEALAND POLICE [2023] NZHC 3657

Citation

[2023] NZHC 3657
Court

High Court

The High Court found no miscarriage of justice: the trial judge's credibility findings preferring police evidence were plainly open to him given advantage of seeing witnesses; searches under s 11 were lawful; late disclosure did not create a real risk of an affected outcome; and the $3,500 fine for failing to stop was within range and not manifestly excessive. The appeal against conviction and sentence was dismissed.
1 Sept 2023

BENJAMIN DURBIN v NEW ZEALAND POLICE [2023] NZHC 2450

Citation

[2023] NZHC 2450
Court

High Court

The High Court held the District Court's cumulative adjusted starting point of 40 months imprisonment was within range and not manifestly excessive; the Judge correctly applied aggravating uplifts (offending on bail and extensive criminal history) and full guilty plea discount; the s 27 cultural report was neither fresh nor sufficiently cogent to alter sentence and was therefore refused; the appeal was dismissed and the 36 month end sentence affirmed.
31 Oct 2022

CURTIS v THE CROWN [2022] NZHC 2816

Citation

[2022] NZHC 2816
Court

High Court

Judge Ingram's two year starting point for the firearm offence was within the available range given objective aggravating factors (loaded and readily accessible modified sawn-off shotgun, safety set to fire, located in a car, defendant reached toward it) and the end sentence was not manifestly excessive; extension of time to file the appeal granted because no prejudice to the Crown.
5 Aug 2022

R v WILSON [2022] NZHC 1901

Citation

[2022] NZHC 1901
Court

High Court

Transactions that converted cash into other forms (bank deposits, purchases of vehicles, removal and concealment of large cash sums) amounted to money laundering, while immediate spending on living expenses without conversion did not; balancing culpability (starting point 30 months), a modest uplift for related drug charges, and substantial mitigation (addiction, rehabilitation, remorse, first offender) produced an end sentence of 18 months to be served as six months community detention with an electronic curfew and 12 months intensive supervision because supervision better serves rehabilitat…
17 Dec 2021

CARPENTER and TEMPLE v NEW ZEALAND POLICE [2021] NZHC 3545

Citation

[2021] NZHC 3545
Court

High Court

The Court found the uplift for balance offending was not excessive given the collective maximum penalties and representative nature of offending and upheld Mr Carpenter's sentence; however the Court accepted that Ms Temple had not been adequately credited for 22 days in custody and reduced her six months' home detention to four and a half months to correct a manifestly excessive outcome caused by that error.
17 Nov 2021

TAUKIRI v NEW ZEALAND POLICE [2021] NZHC 3103

Citation

[2021] NZHC 3103
Court

High Court

The Judge erred by failing to adequately identify and weigh factors under s16 and by not undertaking a considered, principled choice between imprisonment and home detention; home detention was the least restrictive sentence that met the purposes of sentencing given appellant's circumstances (supportive address, rehabilitative prospects and time spent on remand), therefore the 12 month sentence was quashed and substituted with four months' home detention with specified conditions and the methamphetamine conviction resulted in a conviction and discharge; $200 emotional harm reparation retained.
22 Sept 2021

FONUA v R [2021] NZCA 480

Citation

[2021] NZCA 480
Court

Court of Appeal

The five-year starting point for participating in an organised criminal group was within the available range because the appellant was a senior, trusted member who benefitted from laundering (acquisition of a luxury vehicle), handled cash including providing $60,000, and possessed a money counting machine; the judge reasonably inferred broad knowledge of laundering, a 13% plea discount for a late guilty plea was appropriate, and the aggregate sentence of four years six months was affirmed.
26 Mar 2021

R v STONE [2021] NZHC 636

Citation

[2021] NZHC 636
Court

High Court

Judge found defendant played a 'lesser' role under Zhang despite involvement in logistics and ownership of a modified vehicle, inferred involvement totalling two kilograms or more, set a starting point of 3 years 6 months' imprisonment, applied a 30% mitigation discount for addiction and background (one year one month) and a further guilty plea reduction (~6 months), producing an end sentence equivalent to 1 year 11 months' imprisonment which was converted to 11 months' home detention given rehabilitation prospects, employment/study and suitability of address; remaining counts ordered concurr…
5 Mar 2021

WILSON v NEW ZEALAND POLICE [2021] NZHC 402

Citation

[2021] NZHC 402
Court

High Court

The High Court held the District Court did not err: the 12 month starting point for unlawful use and 18 month uplift for the additional driving offences were within range given the facts and authorities; the 10% uplift for prior dishonesty (excluding driving convictions) was not double-counting and was open to the Judge; no Zhang discount was allowed because there was no persuasive evidence addiction causally mitigated the offending; appeal dismissed and original sentence affirmed.
15 Jul 2020

RIDDLE v NEW ZEALAND POLICE [2020] NZHC 1706

Citation

[2020] NZHC 1706
Court

High Court

The Court held the original cumulative starting points and uplift produced a manifestly excessive sentence; it reduced cumulative starting points, upheld a constrained uplift as justified by recent release and risk to public safety, quashed and substituted the sentences for the breach of release conditions to concurrent terms of seven and a half months and fixed the final aggregate sentence at ten months and two weeks.