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R v Bird [2022] NZDC 22647

Published 22 August 2023

Sentencing — possessing methamphetamine for supply — possessing cannabis for supply — possessing LSD — manufacturing methamphetamine — possessing the equipment necessary to manufacture methamphetamine — supplying a class B drug GHB — possessing cannabis — possessing the chemical ingredients necessary to manufacture methamphetamine. The defendant was for sentence on 10 drug-related charges arising from two different incidents. In the first incident, police had searched the defendant's home and found drugs and drug-related items. The defendant pleaded not guilty and was remanded on bail so that he could attend drug rehabilitation. After six months' rehabilitation, the defendant returned home and continued to live on bail pending trial. However during this period he continued to supply drugs and to possess numerous drug-related items (the second incident). The Court noted that the defendant had a prior conviction for drug offending, and had on that occasion earned a discount for attending rehabilitation and for convincing the Judge that he had turned his life around. More recently the defendant had made dishonest comments to a probation officer, in what the Court considered to be an attempt to be given a chance to attend further rehabilitation. The defendant's sentencing had been delayed to allow the completion of a s 27 report that the Court considered to be a rehashing of information already provided in a pre-sentence report. Further, the Court considered the offending to be commercially-driven rather than arising from the defendant's problems with addiction. The Court characterised the defendant's behaviour as "rorting the system." From a sentencing start point of 84 months, the Court allowed discounts for addiction problems, background factors and guilty plea, for a final sentence of five years three months' imprisonment. Judgment Date: 16 November 2022