Published 21 June 2019
Sentencing — possession of methamphetamine for sale — possession of cannabis for sale — supplying a Class A controlled drug — Wang v Police [2017] NZHC 787 — R v Brown [2016] NZHC 612 — R v Tate [2016] NZHC 2522 — R v Fatu [2006] 2 NZLR 72 — Misuse of Drugs Act 1975. The defendants appeared for sentence. The first defendant for possession of methamphetamine for sale and possession of cannabis for sale and the second for supplying a Class A controlled drug. The first defendant had purchased 87 grams of methamphetamine from a supplier in order to on-sell it, but she was unable to do so as she was serving a sentence of home detention. Therefore she arranged for the second defendant, her sister, to act as a drug courier on her behalf. The second defendant had a smaller role in the offending than her sister. She was addicted to methamphetamine, but at the age of 37 had no previous convictions. She had pleaded guilty at the first available opportunity and had demonstrated remorse. The Court found that her offending fell into band 2 of R v Fatu, and set a start point of three years nine months. With discounts for the mitigating features mentioned, the Court set a final sentence of 12 months' home detention. The first defendant had a significant list of previous convictions, including eight for possession for supply of methamphetamine. She had also committed the present offending while serving a sentence of home detention. The offending involved significant premeditation, and she had drawn her sister into the offending. The only mitigating factor was her early guilty plea. The Court set a start point of four years three months, and added uplifts for offending while on home detention, for not completing the original sentence, and for additional offences involving cannabis. The total start point was five years three months. With a 25 percent discount for guilty plea, the final sentence was three years 11 months. Judgment Date: 17 August 2018.
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