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R v McCarthy [2020] NZDC 2307

Published 09 December 2024

Sentencing — possession of methamphetamine for supply — supplying methamphetamine — possession of firearm — Class A drugs — guiding tariff judgment — addiction issues — Arms Act 1983, ss 21 & 23 — Zhang v R [2019] NZCA 507 — R v Fatu [2006] 2 NZLR 72 (CA) — R v Taueki [2005] 3 NZLR 372 (CA) — Hessell v R [2010] NZSC 135, [2011] 1 NZLR 606. The defendant appeared for sentence on one charge each of possession of methamphetamine for supply (9.3 grams), supplying methamphetamine with a codefendant (21 grams), supply of methamphetamine with a co-defendant (255 grams), and possession of a firearm in contravention of the Arms Act. Using the guiding tariff judgment of Zhang v R the Judge adopted a starting sentence of six years and six months' imprisonment. A 25 per cent reduction was given to acknowledge the relevance of the defendant's addiction issues to the offending, and her commitment to rehabilitation. A five per cent discount was also given as her co-defendant was an abusive and controlling partner. A 25 per cent discount was also given for her guilty pleas, for an end sentence of three years and one month. Judgment Date: 11 February 2020.