Published 13 May 2019
Sentencing — possession of methamphetamine for supply — driving while disqualified (aggravated) — dangerous driving — breach of community work and supervision — R v Gallie HC Auckland CRI-2010-044-514, 20 September 2011 — R v Fatu [2006] 2 NZLR 72 (CA) — Apiata v Police [2016] NZHC 3119 — Whitley v Police [2016] NZHC 1025 — Misuse of Drugs Act 1975. The defendant appeared for sentence on charges of possession of methamphetamine for supply, three of driving while disqualified (aggravated form), one of dangerous driving, and one of breach of community work and supervision. On the lead charge, of possession for supply, the Crown argued for a starting point of five years' imprisonment, while the defendant argued for three and a half years. The Court disagreed with both submissions. The defendant had been caught with 49 grams of methamphetamine, placing him in band 2 of R v Fatu. Therefore four and a half years was the appropriate starting point. For the three driving while disqualified charges, the Court started with 10 months for the third charge and added four months for each of the previous charges, for a total starting point of 18 months. An extra month was added for the dangerous driving charge. The total starting point for sentence was six years one months' imprisonment. The Court decreased the sentence by 12 months on the driving while disqualified charges, to recognise the totality principle and to achieve the least restrictive outcome. The charges were further reduced by four months for guilty plea. On the drugs charges, the defendant was given a reduction of 16 months for guilty plea and willingness to rehabilitate. The final sentence was four years and two months' imprisonment. Judgment Date: 12 March 2018.
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