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R v Makavalu [2018] NZDC 7269

Published 06 March 2019

Sentencing — offering to supply methamphetamine — supplying methamphetamine — conspiracy to supply methamphetamine — possessing cannabis — possession of a utensil — R v Fatu 2006 2 NZLR 72 (CA) — R v Wire [2017] NZDC 10362 — R v Byford [2008] NZCA 215 — R v Egan [2008] NZCA 102. The defendant appeared for sentencing after pleading guilty to one charge each of offering to supply methamphetamine, supplying methamphetamine, conspiracy to supply methamphetamine, possessing cannabis and possession of a utensil (a cannabis bong). Over a period of 5 months the defendant had distributed large quantities of methamphetamine. He had purchased the drug in multiple gram lots and then onsold it at several grams at a time to customers. Payment was made in money or goods and the defendant had even set up a credit system. It was clearly a commercial enterprise. The Judge stated the purposes of sentencing as being to hold the defendant accountable, to deter and denounce him and to deter others from this kind of offending. In determining the starting sentence the Judge compared the lead charge of supplying methamphetamine to relevant case law. It was decided the offending fell within band 2 of R v Fatu and a starting point of five years' imprisonment was given. This was reduced by 25% for the defendant's early guilty plea and the final sentence was 3 years and 4 months' imprisonment. Judgment Date: 16 April 2018.