R v Jensen [2017] NZDC 26203

Published 12 July 2018

Methamphetamine — commercial indicators — possession — unlawful possession of a restricted weapon — drugs — sentencing — R v Fatu [2006] 2 NZLR 72 (CA). Having pleaded guilty following a sentence indication, the defendant appeared for sentencing on charges of possession of methamphetamine and unlawful possession of a restricted weapon. On execution of a search warrant, the defendant was discovered to have 124 grams of methamphetamine on his property. Police also found a CCTV camera, snap lock bags, scales and cash which were indicators of commercial dealings as well as a home made taser. From a starting point of six years' imprisonment an uplift was applied for the possession of the taser on a totality basis. Discounts were applied for the defendant's remorse, insight and willingness to address his addiction. The defendant was sentenced to four years and four months' imprisonment on the possession of methamphetamine charges with a concurrent sentence of three months' imprisonment on the restricted weapon charge to be served concurrently. Forfeiture of the cash found at the defendant's address was ordered. Judgment Date: 17 November 2017.