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R v Spear [2018] NZDC 8923

Published 10 April 2019

Sentencing — possession of equipment to manufacture methamphetamine — possession of GBL, cannabis and methamphetamine — possession of methamphetamine for supply — possession of taser — R v Fatu [2006] 2 NZLR 72 — R v Cooper [2013] NZHC 170 — R v Cole [2012] NZHC 2482. The defendant appeared for sentence on charges of possession of equipment to manufacture methamphetamine, possession of GBL, cannabis and methamphetamine, and possession of methamphetamine for supply. The charges arose from two separate sets of offending. The lead offence was possession for supply, and as the amount for supply was around 20 grams, the Court found that the offending fell within band 2 of R v Fatu. On the set of offending which included the lead charge, the Court set a start point of four years imprisonment, with a six-month uplift for possession of the taser. On the other set of offending, which was to be cumulative on the lead charge, the Court added 12 months for possession of equipment, plus six months for previous convictions. The defendant earned discounts for early guilty plea and remorse. The final sentence was four years' imprisonment. Judgment Date: 21 March 2018.