Published 05 April 2019
Sentencing — supply of methamphetamine — threatening grievous bodily harm — R v Fatu [2006] 2 NZLR 72 — R v Wellington [2018] NZHC 2196. The defendant appeared for sentencing on charges of threatening to do grievous bodily harm, conspiracy to supply methamphetamine, possession of methamphetamine for supply, and a representative charge of conspiracy to supply. The defendant had endeavoured to set up a distribution network for dealing methamphetamine in the South Island. He was caught by police at Dunedin Airport, with an associate, carrying 99 grams of methamphetamine, over $5000, and a further 506 grams of methamphetamine bagged for sale in a car. The Judge found that this case fell into band 4, per R v Fatu, because it was an attempt to supply substantial commercial quantities. The Judge also relied on R v Wellington to provide a more modern indication of sentencing for supply on this scale. The aggravating features identified were the serious nature of the threats of violence, the premeditated behaviour, and previous offending. Mitigating factors included the defendant's relative youth, guilty plea, remorse, and separation and strain on his family. The Judge determined the starting point to be nine years and six months, and after applying the uplifts and discounts for the aggravating and mitigating facts, the final sentence was one of nine years' imprisonment. Judgment Date: 19 October 2018 .
This website explains many of the things you might want to know if you are coming to the Youth Court, or just wondering how the Youth Court works.
Visit website›Ministry of Justice website with information on family issues including about going to court, forms and other times when you may need help.
Visit website›For information about courts and tribunals, including going to court, finding a court & collection of fines and reparation.
Visit website›On this site you will find information about our Supreme Court, Court of Appeal and High Court including recent decisions, daily lists and news.
Visit website›