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R v Pope [2018] NZDC 5009

Published 28 February 2019

Sentencing — supplying methamphetamine — male assaults female — possession of an offensive weapon — threatening to kill — R v Fatu [2006] 2 NZLR 72 — R v Jackson [2013] NZHC 2194. The defendant appeared for sentencing on eight drug related charges — two of supplying methamphetamine, one of offering to supply methamphetamine and one charge of offering to supply cannabis — and two charges of male assaults female, one charge of possession of an offensive weapon and one charge of threat to kill. The Judge laid out the timeline of the defendant's offending, both drug and violence. On the drug offences, the Judge determined a starting point of four years' imprisonment, being within band 2 of R v Fatu, and recognising the sophistication of the defendant's operation. The Judge then applied an uplift for the domestic violence offending, as it was separate and discrete offending. The Judge was of the view that the offending warranted a sentence of 12 to 18 months' imprisonment, but when viewed in totality, a six month uplift was appropriate. The Judge then applied a discount of 25 percent for the defendant's guilty pleas and remorse in respect to the domestic violence charges and drug matters, bringing the final sentence to three years and two months' imprisonment. Judgment Date: 14 March 2018.