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R v Orchard [2018] NZDC 430

Published 06 March 2019

Possession of methamphetamine for supply — possession of cannabis for supply — possession of a Class C drug — sentencing — R v Fatu — Sentencing Act 2002. The defendant pleaded guilty to charges of possession of methamphetamine for supply, possession of cannabis and possession of a Class C drug for supply. The defendant was a passenger in a vehicle which was stopped by police. The defendant was observed placing something in the glove box. The police conducted a warrantless search on the basis of what was seen in the glove box, finding containers holding methamphetamine and a Class C drug, as well as cannabis, money and cellphones. Having set the starting point for the lead offending it was then considered that a small uplift for the other charges should be applied. The defendant received discounts for remorse, willingness to rehabilitate and for pleading guilty. Complicating the sentencing exercise was that the defendant was already serving a sentence of imprisonment for drug related offending that had occurred one month after the time of the offending here. Taking into account the closeness of time and circumstances of both instances of offending an adjustment of the sentence was made for totality. Cumulative on the previous sentence given of two and a half years, the defendant was sentenced to three years' imprisonment. Judgment Date: 12 January 2018