Published 13 May 2019
Sentencing — attempt to manufacture methamphetamine — possession of materials to manufacture methamphetamine — R v Fatu [2006] 2 NZLR 72 — R v McIntyre [2012] NZHC 1643. The defendant appeared for sentencing on charges of attempting to manufacture Class A methamphetamine and the possession of materials to manufacture methamphetamine. The defendant acquired two kilograms of a precursor substance used to manufacture methamphetamine and attempted, with his brother, to make methamphetamine. The defendant engaged an associate to help decide what to do with the product. Police executed a search warrant of the defendant's home, and the home of his brother, where they found electronic scales bearing traces of methamphetamine. The Judge considered the attempted methamphetamine manufacturing tariff case of R v Fatu in determining a starting point of two and a half years' imprisonment. The methamphetamine was not proven to be for commercial use and the process was not sophisticated. On the possession of materials to manufacture, the Judge considered a starting point of two years as adequate, giving a total starting point of four and a half years' imprisonment. The Judge, when viewing the charges in totality, reduced that to four years' imprisonment. Finally, the Judge applied a 20 percent discount for a relatively early guilty plea, bringing the final sentence to three years and three months. Judgment Date: 6 March 2018.
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