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R v Tahana [2022] NZDC 9656

Published 02 May 2023

Sentencing — sale and supply of methamphetamine — conspiracy to supply methamphetamine — possession of methamphetamine for supply — Operation El Paso — Misuse of Drugs Act 1975, s 6(4) — Zhang v R [2019] NZCA 507. Two defendants appeared for sentence on a range of charges related to the possession, sale and supply of methamphetamine. Together with others, the defendants had been part of a drug ring that was investigated and eventually arrested by a police Organised Crime Squad. The Court found the aggravating features to be commercial motivation, premeditation, social harm caused, and involvement with a criminal organisation. The offending fell within band 4 of Zhang; neither of the defendants had been at the highest level of the drug ring. For the first defendant, the Court set a start point of seven years' imprisonment. She was allowed discounts for her guilty plea, background factors, rehabilitation and time spent on electronically-monitored bail, and family matters. Her final sentence was three years 10 months' imprisonment. For the second defendant, the start point was nine years' imprisonment, uplifted six months for prior convictions. The Court made reductions for background factors, health problems, rehabilitation and time spent on electronically-monitored bail, and guilty plea. His final sentence was five years three months' imprisonment. Judgment Date: 26 May 2022