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R v Gibbons [2018] NZDC 7394

Published 27 March 2019

Sentencing — drug offending — methamphetamine — threatening — R v Fatu [2006] 2 NZLR 72. The defendant appeared for sentencing on eight charges, including possession of explosives (ammunition); possession of a pipe (methamphetamine); possession of equipment to form a hotplate; possession of a precursor substance in the form of hydrochloric acid; receiving a stolen motor vehicle; manufacturing methamphetamine; and threatening to do grievous bodily harm to a police officer. The police executed a search warrant on the defendant's property and found a stolen vehicle, ammunition, and the equipment relating to methamphetamine. A subsequent visit to the property by police following the defendant's failure to appear in Court resulted in the threatening charge. The Judge adopted the defence's proposed starting point of three years' imprisonment. The Judge then uplifted six months for the equipment and precursors, nine months for the receiving charge, six months for the threats to police with a firearm, and a further three month uplift for previous offending. The Judge then made a reduction of six months on a totality basis, bringing the final sentence to four and a half years' imprisonment and ordered reparations of $7,500. Judgment Date: 17 April 2018.