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R v Tofts [2018] NZDC 4227

Published 28 February 2019

Sentencing — robbery — attempting to manufacture methamphetamine — supplying methamphetamine — receiving stolen property — possessing explosives — R v Mako [2000] 2 NZLR 170. The defendant appeared for sentencing on charges of robbery, being party to attempting to manufacturing methamphetamine, supplying methamphetamine, receiving stolen property, and possessing explosives. All of this offending was detected as a result of intercepted communications. In relation to the robbery, the defendant was driving with a partner when he saw a former friend driving in front of him in a $15,000 ute. The defendant undercut him to stop him and demanded money, saying that the former friend owed him $5000 and it had gone up to $10,000. The defendant was a patched gang member and told the former friend that another gang member was on his way. After the victim told his partner to call the police, the defendant punched him in the face multiple times, causing injury. The defendant then took the ute and said he'd return it on repayment. Considering the decision of R v Mako, the Judge determined a starting point for this offending of two years' imprisonment. As to the drug charges, the police intercepted communications between the defendant and his brother that indicated an attempt to manufacture methamphetamine. The defendant employed various techniques to avoid police surveillance, however, the police executed a search warrant on the defendant's home where they located electronic scales with traces of methamphetamine. The Judge determined a starting point of two and a half years' imprisonment for this offending but allowed a discount of three months as the offending was a party offence. The evidence of the defendant's receiving stolen goods was also found through intercepted communications. The explosives charges resulted from a search of the defendant's garage. Further, ammunition was also discovered at a property connected to the defendant. The Judge began with a one month starting point for the other drug charges, applied a two month sentencing increase for the receiving charge, and one month increase for the ammunition charges, bringing the total cumulative sentencing to four years and six months' imprisonment. The Judge then applied discounts for the defendant's attendance in drug and alcohol counselling and early guilty plea bringing the final sentence to a total of three years and one month. Judgment Date: 6 March 2018.