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R v Tyler [2020] NZDC 2383

Published 09 December 2024

Sentencing — supplying methamphetamine — offering to supply Class A cocaine — offering to supply Class B Ritalin — selling cannabis — unlawful possession of a firearm — presenting a firearm — threatening to kill — possessing a needle for drugs — possession of Class C drugs — injuring with intent to injure — guiding tariff judgment — Sentencing Act 2002 — 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 607 — R v Cargill [1990] 2 NZLR 138 (CA). The defendant appeared for sentence on charges of supplying methamphetamine, offering to supply cocaine, offering to supply Ritalin, selling cannabis, unlawful possession of a firearm, presenting a firearm, threatening to kill, possessing a needle for drugs, and possession of Class C drugs. At a sentencing indication the defendant was given a starting sentence of eight years and nine months' imprisonment, that was reduced to eight years for totality. The Judge also allowed a 25 per cent discount for the defendant's guilty pleas, and indicated further discounts may be available at sentencing if the defendant could provide evidence of any other mitigating factors. However, while on remand and awaiting sentencing the defendant attacked another inmate and then pleaded guilty to injuring with intent to injure. A new guiding tariff judgment (Zhang v R) was also delivered by the Court of Appeal so a new starting sentence had to be found. The defendant's drug offending was found to fall at the lower end of band 2 of Zhang v R, warranting a starting sentence of five years and six months. This was uplifted by two years for the charges relating to firearms and threatening to kill. This was then reduced by 25 per cent to 67 months for the defendant's addiction issues. This was uplifted by 12 months for injuring with intent to injure and then reduced for totality and guilty pleas down to an end sentence of four years and six months. Judgment Date: 11 February 2020.