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R v Falefata [2018] NZDC 7162

Published 28 March 2019

Sentencing — importing methamphetamine — drug offending — R v Fatu [2006] 2 NZLR 72 — theft — using a document. The defendant appeared for sentencing on six charges of importing methamphetamine, a Class A controlled drug, into New Zealand, along with other lesser police charges. The defendant had participated in the role of 'catcher', arranging the addresses and details for the importation of 1.166 kilograms of methamphetamine. The defendant had previous accepted a sentencing indication given by the Judge on the importation charges of between 13 years and 13 years six months' imprisonment, on the basis this offending fell into band 4 of R v Fatu. The Judge settled on a starting point of 13 years' imprisonment, then added two month uplifts for both the fact the importing occurred while the defendant was completing another sentence and was also on bail, and for the additional police charges. The Judge granted a discount of 10 percent for the defendant's personal mitigating circumstances, as well as a full 25 percent discount for pleading guilty. The Judge refused to impose a minimum period of imprisonment given the relative youth of the defendant. The final sentence was nine years' imprisonment. Judgment Date: 12 April 2018.