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R v Maclean [2019] NZDC 1504

Published 31 May 2019

Sentencing — driving offence — assault on police — possession for supply — methamphetamine — drug offending — firearms — supply — offensive weapon — R v Fatu [2006] 2 NZLR 72. The defendant appeared for sentence having pleaded guilty to eight charges spanning two separate events. The first event, which three of the charges stemmed from, involved the defendant failing to stop for police, dangerous driving, and common assault (driving at a policeman). The second event related to when the defendant was pulled up by police following the prior incident, where police uncovered 39 grams of methamphetamine, $12,000 in cash, electronic scales, empty point bags, a small amount of cannabis, a semi-automatic rifle, 36 rounds of ammunition, and an extendable baton. The Judge relied on Fatu in determining the starting point. For the drug offending alone, the starting point was four and a half years. The Judge uplifted 18 months for the weapons offences and a further nine months for the initial discrete event. The Judge granted a discount of 12 months for the defendant's genuine remorse and efforts at rehabilitation, and 16 months for his guilty plea. The end sentence was four years and five months' imprisonment and a cumulative 24 month driving disqualification. A destruction order was made for the firearms, drugs and equipment.