| IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA |
| CA264/2022 [2022] NZCA 472 |
| BETWEEN | MATTHEW IAN ANDERSON |
| AND | THE KING |
| Hearing: | 20 September 2022 |
Court: | Gilbert, Brewer and Moore JJ |
Counsel: | T J Jackson for Appellant |
Judgment: | 6 October 2022 at 9.30 am |
JUDGMENT OF THE COURT
AThe appeal against sentence is allowed.
B The sentence of three years and one month’s imprisonment on charge 1 is set aside and replaced with a sentence of 12 months’ imprisonment.
CThe concurrent sentences imposed in respect of charges 3 and 4 are confirmed.
____________________________________________________________________
REASONS OF THE COURT
(Given by Gilbert J)
Mr Anderson was found guilty by a jury of three charges of cultivating cannabis. These charges arose out of his participation in the cultivation of cannabis at three addresses — King Street, Temuka (charge 1), Waitohi Temuka Road, Temuka (charge 3) and Te Moana Road, Geraldine (charge 4). He was acquitted on two charges of possession of cannabis for supply (charges 2 and 5). These verdicts appear to be explicable on the basis Mr Anderson satisfied the jury that he did not possess any portion of the cannabis for the purposes of sale.
Mr Anderson was sentenced by the trial judge, Judge M B T Turner, to three years and one month’s imprisonment on charge 1 and to concurrent sentences of four months on charge 3 and one month on charge 4.[1] The effective end sentence was constructed as follows:
Starting point[2] three years and four months
Uplift for previous convictions[3] three months
Discount for five-year delay while
on bail[4] two months
Discount for personal background and
mental health issues[5] four months
End sentence three years and one month’s imprisonment
[1]R v Anderson [2022] NZDC 9322 [Sentencing judgment].
[2]At [101], compare with [73] which refers to three years and six months in respect of King Street with an uplift of four months for the other two cultivations.
[3]At [74].
[4]At [83].
[5]At [96].
Mr Anderson appeals against his sentence contending it was manifestly excessive. His primary submission is that the starting point adopted of three years and four months’ imprisonment was excessive for three key reasons:
(a)He allegedly had a limited role in the King Street and Waitohi Temuka Road operations.
(b)The cannabis was cultivated solely for medicinal use, with very low levels of the psychoactive ingredient delta-9 tetrahydrocannabinol (THC).
(c)Mr Anderson’s participation was not for monetary gain, but to obtain high quality medicinal cannabis for the purposes of pain relief and to help manage his mental health issues.
Mr Anderson also contends that greater discounts for personal mitigating factors ought to have been allowed. He argues that a non-custodial sentence should have been imposed, as was recommended by the Department of Corrections in the pre‑sentence report and imposed on his two co-offenders.
Background
It is usual to commence by recounting the facts of the offending before turning to the offender’s personal circumstances.…
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- AGLC
- Anderson v The the King [2022] NZCA 472
- Case
- [2022] NZCA 472
- Decision Date
CaseChat Overview and Summary
The final orders were that the appeal against sentence was allowed, the sentence of three years and one month imprisonment on charge 1 was set aside and replaced with a sentence of 12 months' imprisonment, and the concurrent sentences imposed in respect of charges 3 and 4 were confirmed.
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Orders of the court
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