Published 06 May 2019
Sentencing — possession of methamphetamine for supply — possession of Class B drug for supply — possession of offensive weapon — drug offending — forfeiture — Misuse of Drugs Act 1975, s 6 — R v Fatu [2006] 2 NZLR 72 — Williams v R [2017] NZHC 1859. The defendant appeared for sentencing having been found guilty by a jury of possession of a Class A drug (methamphetamine) for the purposes of supply, possession of a Class B drug (GBL) for the purposes of supply, and possession of an offensive weapon. The jury had accepted that the defendant had 131.7 grams of GBL, 13.7 grams of methamphetamine, and other drug paraphernalia in his vehicle for the purposes of supply. The defendant also had $2734 cash and three working cellphones with encrypted messaging apps. The defendant, at the beginning of sentencing, terminated the services of his lawyer and expressed his intention to appeal the conviction on two main factual matters. This dispute, however, did not alter sentencing. The Judge found the case fell into band 2 of R v Fatu, based on the quantity of methamphetamine seized. The Judge fixed a starting point of three and a half years based on totality principles, with an uplift of six months for the Class B drug found. A discount of two months was granted for previous good character. The final sentence was imprisonment for three years and 10 months on the lead charge, with six months served concurrently for the Class B possession. The defendant was also ordered to forfeit $2734 in accordance with s 6 of the Misuse of Drugs Act. Judgment Date: 13 April 2018
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