Anslow v The Queen - [2005] NZCA 276

~~IN THE COURT OF APPEAL OF NEW ZEALAND~~
~~CA 182/05~~
~~THE QUEEN~~
v
~~CLIFFORD THOMAS JOHN ANSLOW~~
~~Hearing:25 October 2005~~

~~Court:~~
~~Counsel:P G Mabey QC for Appellant~~
~~E M Thomas for Crown~~

IN THE COURT OF APPEAL OF NEW ZEALAND
CA182/05
THE QUEEN
v
CLIFFORD THOMAS JOHN ANSLOW
Hearing:25 October 2005

Court:Chambers, Williams and Rodney Hansen JJ
Counsel:P G Mabey QC for Appellant

E M Thomas for Crown

Judgment:18 November 2005

JUDGMENT OF THE COURT

The appeal is dismissed.
____________________________________________________________________
REASONS
(Given by Williams J)
Issues
[1]       On 7 April 2005 the appellant, Mr Anslow, was convicted by a jury on counts of possessing a Class A controlled drug, ~~namely~~ methamphetamine, for supply on 27 October 2003 at Auckland and 12 March 2004 at Huntly, together with a further count of supplying methamphetamine to persons unknown between those dates.
[2]       On 20 May 2005 the trial Judge, Laurenson J, sentenced Mr Anslow to concurrent terms of three years’ imprisonment on each of the possession for supply charges and nine years’ imprisonment on the charge of supplying methamphetamine to persons unknown. He imposed a minimum period of imprisonment of four years on the last charge.
[3]       Mr Anslow now appeals to this Court claiming the nine year term was manifestly excessive and the Judge was wrong to impose a minimum period of imprisonment.
Facts
[4]       On 27 October 2003 Mr Anslow was arrested whilst driving along Karangahape Road in Auckland. When he and his car were searched, seven bags containing a total of 5.5 grams of methamphetamine were found in a tin in his clothing together with what the Crown claimed was a “tick” list, $3,495 in cash and a pipe for smoking methamphetamine.
[5]       On 12 March 2004, whilst Mr Anslow was on bail for the Karangahape Road offence, Police executed a search warrant on his Huntly home and found plastic bags containing a total of about 4.5 grams of methamphetamine together with a further “tick” list, $835.00 in cash, a number of Snaplock bags and a set of precision electronic scales.
[6]       The “tick” lists will require further consideration but comparison between the two implied Mr Anslow had been selling methamphetamine between the dates of his arrests. That led to the charge of supplying methamphetamine and the major sentence.
Remarks on sentencing
[7]       After reviewing the facts, the Judge noted Mr Anslow’s admission at trial that he was in possession of the methamphetamine found on his person when arrested, though he contended ~~at trial that~~ that all the drugs were for his personal use and ~~that~~ the “tick” lists related to his bookmaking. By its verdicts tThe jury plainly rejected those explanations. The Judge reviewed Mr Anslow’s personal circumstances including his lengthy use of methamphetamine. Though his conviction record included two minor drug charges, they were in the early 1980s and the Judge declined to take them into account ~~for sentencing~~. The Judge said he regarded Mr Anslow’s offending as grave, commenting that: at [13]
“the availability of methamphetamine in our community is causing enormous problems. I am satisfied on the evidence that you are a premeditated, determined and significant supplier of this drug.”

[8]       After reviewing R v Wallace [1999] 3 NZLR 159, R v Arthur [2005] 3 NZLR 739 and other authorities, particularly R v McLeod HC AK CRIri 2003-090-12511, the Judge concluded Mr Anslow’s offending fell into both the “commercial quantity” and “large commercial quantity” bands discussed in Arthur at [21]. That was because it was clear, the Judge said, that the “tick” lists and~~indicated~~ the methamphetamine in his possession at on his arrests showed he was dealing in the drug before 27 October 2003 and between that date and 12 March 2004. In light of his conclusion, guided by Arthur, the Judge took the view the appropriate starting point on the supply charge was eight years’ imprisonment to which he added a year for the appellant continuing to supply while on bail between arrests.
[9]       As regards a minimum period of imprisonment the Judge, correctly, held Mr Anslow should be sentenced ~~according to the form of the Sentencing Act 2002~~ under the Sentencing Act 2002 s 86 as originally enacted, set out the applicable principles from the decision of this Court in R v Brown [2002] 3 NZLR 670, noted counsel’s submissions that the case did not warrant the imposition of a minimum term of imprisonment and continued :
[28]     I regret to say that I do not agree. As I have already noted, subs (3) is not intended as an exhaustive definition of sufficiently serious circumstances. In my view, the fact that you were prepared to continue supplying the drug at a significant level, after you were first apprehended, indicates a degree of culpability which clearly in turn indicates a greater need to deter you, and, more importantly, to protect the community from your offending. I have therefore concluded that the test in s 86 has been met and therefore a minimum sentence should be imposed. …

[10]     That led to the Judge imposing the minimum term of four years’ imprisonment.
[11]     The Crown conceded at the hearing of this appeal that the Judge inadvertently fell into error in the passage cited: protection of the community was only made an express statutory consideration when s 86 was later amended and was not part of the s 86 test as interpreted by this Court in Brown.~~thus not required to be taken into account in sentencing Mr Anslow.~~
Submissions: (a) For Appellant
[12]     For the appellant, Mr Mabey QC submitted the eight year starting point was unjustifiably high and, on the two possession for supply counts since they involveded only small amounts of methamphetamine, ~~which~~ the Judge should have placed Mr Anslow’s offending on those counts in the “low level” category in Arthur. He accepted that the selling methamphetamine count increased the appellant’s culpability but challenged the Judge’s assessment of the ~~level~~ quantity of ~~of offending as~~ methamphetamine involved as calculated by the Crown.
[13]     On this point, the Judge said at [19]:
The Crown has submitted that, following analysis of the two tick lists between the two dates, you supplied methamphetamine to a value of approximately $220,000. Having been involved, unfortunately, in a number of cases involving this drug, I am aware that this sum represents in the order of 22 grams of methamphetamine. I gather from Mr Mabey QC’s submission that there is no dispute about that.

[14] While both counsel appearing before us accepted that $220,000 worth of methamphetamine would equate to some 220 grams of the drug, Mr Mabey stressed to us that his concession as recorded by the Judge was only as to the ~~arithmetic~~ unit price adopted~~just mentioned~~. He did not concede that the Crown’s calculation of the level of Mr Anslow’s trading was correct. In fact, he said it was strongly challenged on sentencing, a submission supported by the written submissions he made at the time.
[15] Mr Mabey also submitted to us that the appellant’s offending did not justify the imposition of a minimum period of imprisonment, especially when the Judge took protection of the community into account. His description of that ~~factor~~ as being more important suggested that factor influenced the Judge’s decision significantly. Indeed, Mr Mabey submitted that continuing to trade in methamphetamine whilst on bail on a charge of possession of the drug for supply did not satisfy the s 86 test. He drew attention to a number of other sentences for offending similar to that of Mr Anslow where no minimum period of imprisonment ~~was~~ had been imposed. He particularly relied on the decision in R v Cavanagh Stevens and Henry HC AK CRI 2002-004-206137 where, for ~~some~~what Mr Mabey submitted was similar offending, the sentence imposed, coincidentally on the same day Mr Anslow was sentenced, included no minimum period of imprisonment.
(b) For Crown

[16]     For the Crown, Mr Thomas supported both the sentence and the imposition of the minimum period.~~, notwithstanding the Judge’s error in the latter.~~ He made the point that the offending involved two separate offences of possession of methamphetamine for supply nearly five months apart with selling in the meantime whilst on bail ~~for the first offence~~. Nearly 10 grams of methamphetamine were found in the appellant’s possession plus cash totalling $4380. The “tick” lists, he submitted, correctly analysed, suggested trading of some $220,000 between the two arrests. The Judge was correct, he submitted, in his selection of the appropriate category from Arthur and thus both the starting point and the sentence imposed correctly reflected the appellant’s culpability.
~~[1]~~             Mr Thomas also submitted the Judge was correct to impose a minimum period of imprisonment, ~~having regard to R v Brown [2002] 3 NZLR 670, arrest for possession of methamphetamine for supply. A later arrest for the same offence~~ particularly when one considered that the appellant had continued to commit exactly the same offences on a regular basis after being released on bail following the Karangahape Road incident.~~committed whilst on bail and substantial trading in between well merited a minimum term of imprisonment.~~
[17]
(c) “Tick” lists~~Tick” lists~~

~~[1]~~             The “tick” list found in Mr Anslow’s possession on 27 October 2003 contained, as is commonplace, a large number of what would appear to have been abbreviated names or initials, each with numbers alongside. The “tick” list found on the appellant’s possession on 12 March 2004 was similarly set out.
[18]
At trial, a detective gave evidence that, assuming the figures in the two “tick” lists represented dollars, the figures in the Karangahape Road and Huntly “tick” lists conservatively totalled $301,284 and $396,770 respectively.That, Mr Mabey accepted at sentencing, may have implied trading between the two arrests of in the region of $100,000.
[19]     HAt trial, a detective gave evidence that, assuming the figures in the two “tick” lists represented dollars, the figures in the Karangahape Road and Huntly “tick” lists conservatively totalled $301,284 and $396,770 respectively.That, Mr Mabey accepted at sentencing and before us, could have implied trading between the two arrests of in the region of $100,000.
[20]     However, between trial and sentencing, Crown counsel conducted his own analysis of the “tick” lists. He, ascertained which names appeared to be common to both lists,~~and~~ calculated the increases in the numbers between the earlier and later ~~“tick” l~~lists for those persons ($146,510), summed the amounts alongside the names appearing only in the Huntly “tick” list ($74,010) and concluded, after subtracting reductions in ~~the~~ value against a number of ~~the~~ names, that the level of trading indicated in the period between the two lists was of the order of $220,520.
[21]     Mr Mabey strongly challenged Crown counsel’s calculation at sentencing and before us. He ~~and~~ submitted that, if the Crown wished the Judge to sentence on that suggested level of trading , it should either have adduced more detailed evidence at trial or arranged to call such evidence at a disputed facts hearing under the Sentencing Act 2002 s 24. Neither having occurred, he submitted to the Judge and repeated before us, that the level of trading on which Mr Anslow should have been sentenced on the selling count should have been no more than about $100,000. Trading at that level, he accepted, would place Mr Anslow’s offending in the “commercial quantity” category in Arthur but should have drawn a starting point substantially less than eight years’ imprisonment.
Discussion: (a) Finite term of imprisonment
[22]     Seen alone and without the significant feature of selling methamphetamine whilst on bail on a charge of possessing methamphetamine for supply, the two counts of possession for supply would suggest that Mr Anslow’s criminality fell into the “commercial quantity” category in Arthur. The amount of methamphetamine found ~~in the appellant’s possession on~~ on each occasion, the amount of cash and the other drug paraphernalia found in his possession would be regarded as serious offending but not offending in the most ~~major~~ serious category.
[23]     ~~So, seen in that light~~It therefore follows that, the “tick” lists were important pieces of evidence, particularly on the selling methamphetamine count. In view of that, it would have been helpful had there been additional evidence as to the level of trading at trial or, more probably, at a s 24 hearing. However, given the lack of direct evidence on the topic, the level of trading was a matter for inferences and submissions. In any event, Crown counsel’s analysis of the level of trading must almost certainly have been incorrect if for no other reason than it assumed the “tick” lists represented the totality of Mr Anslow’s trading when the probability is that he engaged in cash sales as well.
[24]     What seems ~~incontestable~~ most likely is that, probably almost immediately after his first arrest when his “tick” list was taken by Police, Mr Anslow wrote it out again from memory,. iIn effect, he recreat~~ing~~ed his debtors’ ledger. He then continued to trade, almost certainly with many of the same people with whom he had traded prior to his first arrest, but with new customers as well. Such of that trading as ~~there~~ was on credit was entered ion the second “tick” list seized from him nearly five months later. An inference of considerable trading over that period is irresistible,. iIn our view the “tick” lists indicated methamphetamine selling on credit by the appellant totalling at least $100,000 over a 137 day period. Merely averaging those figures suggests Mr Anslow traded on credit over that period at about $750 per day. ~~In our view that amply~~ By any measure, that amounts to substantial trading in methamphetamine on a commercial basis and amply justifies the Judge’s conclusion that sales of methamphetamine of that magnitude were at the higher end of the “commercial quantity” and the lower end of the “large commercial quantity” categories in Arthur.
[25]     Seen in that light, we conclude that the trial Judge’s selection of a starting point of eight years’ imprisonment has not been shown to be manifestly excessive. The addition of a year’s imprisonment for a return to selling methamphetamine almost immediately following arrest on a count of possession for supply is also by no means excessive, still less manifestly so. A final sentence of nine years’ imprisonment for selling methamphetamine in the circumstances of this appeal appropriately reflectsed Mr Anslow’s culpability.
[26]     The appeal against sentence is accordingly dismissed.
(b) Minimum period of imprisonment

[27]     In order to assist in preparation of this judgment we arranged for research to be undertaken into the frequency with which minimum periods of imprisonment have been imposed for offences under the Misuse of Drugs Act 1975. Annexed to this judgment is a sschedule of just over 70 decisions in this Court and the High Court prepared by ~~(name to be supplied), one of the Court of Appeal Judges’ Clerks.~~ a court clerk. It is comprehensive but not complete. It covers the period ~~beginning in August~~ from August 2003, when sentencings first began to be ~~first~~ imposed following reclassification of methamphetamine as a Class A drug, down to October 2005. What it demonstrates is that - remarkably since sentencing Judges ~~would~~ will have been referred to ~~at most~~ only at most a few of the other decisions in the schedule - minimum periods of imprisonment have seldom been ordered when the finite term imposed has been less than nine years’ imprisonment but have been commonly imposed when the finite term has been nine years’ or greater. There are, of course, decisions which have not followed that pattern, but nonetheless the near-uniformity of Judges’ approach to the imposition of minimum periods of imprisonment for drug offences is striking.
[28]     In Mr Anslow’s case the sentencing Judge was required to consider whether the circumstances of the appellant’s offending were sufficiently serious to justify a minimum period by taking his offending out of the ordinary range as that phrase was discussed in Brown.
[29]     This appellant was first arrested whilst in possession of a moderate amount of methamphetamine which was accompanied by paraphernalia and a “tick” list indicating significant trading in the drug. Released on bail, he almost immediately returned to trading in the drug in a significant way. He was then found in possession, again of a moderate amount of methamphetamine, but again associated with drug paraphernalia and a further “tick” list demonstrating the level of his trading. All of that trading and his final possession of methamphetamine for supply occurred when he was on bail for the initial offending.
[30]     With a drug as pernicious and now as widespread as methamphetamine, we take the view that, despite the Judge incorrectly invoking the ~~incorrect~~ criterion of community protection, it has not been demonstrated that the ~~Judge~~ was wrong to take the view that Mr Anslow’s offending required additional deterrence and punishment such that consideration of his release on parole following one-third of his sentence was insufficient.
[31]     The appeal against the imposition of a minimum period of imprisonment is accordingly also dismissed.
Result
[32]     In the result, the appeals against the finite term of imprisonment imposed and the ordering of a minimum period of imprisonment and its length ~~are~~ is dismissed.
Solicitors:
Crown Law Office, Wellington

Date Case Offence Quantity Plea Sentence MPI

23/06/05 R v Keenan CA425/04 23 Jun 2005 Possession for supply 13.5 grams $1,770 cash Not guilty 5 years
No

23/03/05 R v Conway CA275/04 23 Mar 2005 Possession for supply 0.4 grams Guilty 2 years 6 months No

17/03/05
R v Arthur CA382/04 17 Mar 2005 Supply Not guilty 2 years No

15/03/05
R v Franklin CA363/04 15 Mar 2005
Possession for supply 1.8 grams Guilty 2 years 6 months No

28/02/05
R v Grant CA326/04
28 Feb 2005
Possession for supply 1.1 grams $10,000 cash Guilty 3 years No

13/10/05 R v Clark HC CHCH CRI 2004-009-0013041 13 Oct 2005 Fogarty J Manufacture
Possession of materials
Possession of precursor substances
Possession of equipment Not guilty 3 years 6 months for manufacture
18 months for each of other charges (concurrent) No

7/10/05 R v Mitchell HC AK CRI 2004-044-6481 7 Oct 2005 Potter J
Importing ecstasy x 2
Supply class B meth
Supply class A meth
Guilty Importation: four years
Supply of class B meth: three years (concurrent)
Supply of class A meth: 21 months (concurrent) No

30/09/05 R v McLean HC WN CRI-2005-091-690 30 Sept 2005 Goddard J Possession for supply 2.75 grams
$2780 cash Guilty 2 years No

28/09/05 R v Morris HC AK CRI-2005-090-004458 28 Sept 2005 Potter J Manufacture
Possession of precursor equipment
Possession of precursor chemicals Guilty 3 years for manufacture
6 months each for possession charges No

20/09/05
R v Ah-Wong HC AK CRI 2004-092-107005 20 Sept 2005 Venning J
Possession of methamphetamine for supply x1
Unlawfully carrying an imitation firearm x2 Guilty Two years for possession
Three months (cumulative) on firearm charges No

30/08/05 R v Henderson HC AK CRI-2004-004-001074 30 Aug 2005 Harrison J Manufacture Guilty 18 months imprisonment (cumulative on two sentences currently
being served) No

26/08/05 R v Clark HC WN CRI-2005-085-3224 26 Aug 2005 Gendall J Possession for supply 2.6 grams
$355 cash Guilty 15 months No

12/08/05 R v Shirinov HC WN CRI-2004-085-8199 12 Aug 2005 Gendall J possession for supply
Possession of a stun gun
Receiving stolen property x 6 2.929 grams
$12000 cash Not guilty Possession for supply: 5 years 9 months
Possession of the weapon 12 months (concurrent)
Receiving: 12 months each (concurrent) No

5/08/05 R v Sahati HC TAU CRI-2005-070-1079 5 Aug 2005 Heath J Importation
Possession for supply 800 grams 79% purity Guilty 7 years 6 months No

29/07/05
R v Masters HC WN CRI 2004 085 3656 29 July 2005 Wild J
Possession for supply (meth)
Possession for supply (cocaine) Possession for supply (ecstasy) 11.3 grams meth
$9810 cash
27 grams cocaine
48 ecstasy tabs Guilty 4 years 4 months for meth 4 years 4 months for cocaine (concurrent)
2 years for ecstasy (concurrent) No

22/07/05 R v Tuimalealiifano HC WN CRI-2005-085-4529 22 July 2005 Gendall J Possession for supply 10.8 grams
$2500 cash Guilty 4 years No

21/07/05 R v Davie HC AK CRI-2005-085-2564 21 July 2005 Mackenzie J Possession for supply
Possession of a precursor substance
11.7 grams
Guilty 3 years No

15/07/05 R v Stacey HC WN CRI-2004-085-1980 15 July 2005 Goddard J Possession for supply (meth) x 2
Possession for supply (ecstasy) 25.2 grams
0.3 grams
$650 cash
7 ecstasy tabs Guilty
18 months (concurrent) for meth charges
6 months for ecstasy
No

15/07/05 R v Keefe HC AK CRI 2005-055-619 15 July 2005 Allan J Manufacture Guilty 2 years 6 months No

12/07/05 R v Loke HC AK CRI-2004-404-12050 12 July 2005 Baragwanath J Possession 138.6 grams Guilty 4 years 3 months No

8/07/05
R v Robertson HC AK CRI 2004-044-7200 8 July 2005 Potter J
Supply (meth)
Possession for supply (meth)
Possession for supply (ecstasy)
Possession (cocaine)
Possession of a pipe 1.3 grams mixture of meth, glucose and ecstasy
Sale over 3 to 4 months Guilty 3 years 6 months for supply of meth
(all others concurrent) No

4/07/05 R v Hines HC PMN CRI-2004-031-964 4 July 2005
Gendall J Conspiracy to supply Not guilty 5 years 6 months
No

30/06/05 R v Te Rure & Anor HC NAP CRI-2005-041-1142 30 June 2005 Mackenzie J Te Rure: Manufacture Possession of precursor substances
Sale of cannabis plant
Wilson: Manufacture
Sale of cannabis plant
Otter: Conspiracy to manufacture
Scully: Conspiracy to manufacture
Possession of precursor substances
Bryan: Conspiracy to manufacture
Olsen: Conspiracy to manufacture
Joanna Te Rure: Conspiracy to manufacture
R Smith: Supply of precursor substances
P Smith: Supply of precursor substances A batch could produce up to 40 or 80 grams All guilty
Te Rure: 12 years; MPI 2/3 = 8 years
Wilson: 10 years; MPI 6 years
Otter: 7 years; MPI 4 years
Scully: 9 years; MPI 5 years
Bryan: 5 years 9 months
Olsen: 5 years 6 months
Joanna Te Rure: 2 years
R Smith: 2 years
P Smith: 1 year
Yes
Te Rure: repeat offending; offending while on bail; scale of the offending; harm done to community by producing significant quantities of drug, danger to community of manufacturing operation; cost to the property owner; protection of community must longer than normal minimum period

17/06/05 R v Crombie & Anor HC PMN CRI-2004-031-964
17 June 2005 Gendall J Crombie: Conspiracy to supply x 5
Conspiracy to import
Sale x 11
O’Connell: Conspiracy to supply x 5
Conspiracy to import
Hines: Conspiracy to supply
Sole: Conspiracy to supply
Poihipi: Conspiracy to supply
Chatfield: Conspiracy to supply
Wairoa: Conspiracy to supply Guilty Combrie: 9 years; MPI 4 years 6 months
O’Connell: 8 years; MPI 4 years
Hines: 6 years
Sole: 5 years
Poihipi: 4 years
Chatfield: 3 years
Wairoa: 2 years Yes
Circumstances of D’s multiple offences is sufficiently serious to justify an MPI and the ambit of the offending takes it out of the ordinary range

16/07/05 R v Latham HC AK CRI 2004-090-007258 16 June 2005 Cooper J Manufacture
Possession of equipment
Possession of precursor substances
Possession of a pipe
Possession Not guilty Manufacture 4 years 9 months
Possession of equipment and precursor two years each
Possession of a pipe 4 months
Possession of meth 4 months No

3/06/05 R v Murphy HC AK CRI-2004-004-009111 3 June 2005 Simon France J
Importion
Possession for supply
Conspiracy to import a prohibited drug
650 grams 77% purity Not guilty 16 years; MPI 60% = 9 years Yes
Duty to condemn and deter offending; significant importation; another was planned

20/05/05
R v Hadfield HC AK CRI 2005-004-002755 20 May 2005 Venning J
Importation 800 grams pure Guilty 6 years No

20/05/05 R v Anslow HC AK CRI 2003-004-040867 20 May 2005
Laurenson J Possession for supply x 2
Supply Possession x 1: 5.5 grams and $3495 cash
Possession x 2: 4.506 grams and $835 cash
Supply: evidence of dealings in excess of $300000 Not guilty 9 years for supply; MPI 4 years
3 years for possession counts (concurrent) Yes
D continued supplying the drug at a significant level after first time apprehended; indicates a degree of culpability which indicates greater need to deter and to protect the community

10/05/05 R v Bowater HC AK CIV 2004-044-001837 10 May 2005 Cooper J Manufacture
Possession for supply x 2
Possession of equipment
55.3 grams
$3030 cash
manufacture would have yielded between 42.8 and 64.2 grams
Guilty 3 years 9 months for manufacture
3 years 3 months for possession for supply
6 months for equipment (all concurrent) No

10/05/05 R v Silverio HC AK CRI 2005-092-3930 10 May 2005 Laurenson J Importation 296.4 grams Guilty 7 years 6 months No

3/05/05 R v Ferry HC AK CRI-2004-44-6481 3 May 2005 Baragwanath J Importation (meth) x 4
Importation (ecstasy)
Possession (LSD) 112 grams
56 grams of ecstasy powder
$6800 cash Guilty six years and forty days for meth charges
5 years for ecstasy (concurrent)
6 months on LSD charges (concurrent) No

22/04/05 R v Meldon HC AK CRI 2005-404-000109 22 April 2005 Cooper J Possession for supply 0.8 grams Guilty 2 years 6 months No

4/03/05 R v Fleming HC WN CRI-2005-085-1169 4 Mar 2005 Goddard J Possession for supply Supply (meth)
Possession (ecstasy)
Supply (ecstasy)
Receiving stolen property 1.6 grams
3 ecstasy tabs Guilty 2 years for drugs
6 months for receiving No

4/03/05 R v Dalley HC WN CRI-2004-085-2409 4 Mar 2005 Goddard J Manufacture
Conspiracy to manufacture
Possession of equipment for manufacture
Unlawful possession of firearms Guilty
4 years 6 months for manufacture amd conspiracy to manufacture

3 years for possession of equipment (concurrent)
2 years for firearms (concurrent)
No

4/03/05 R v Blake HC WN CRI-2004-085-2409 4 Mar 2005 Goddard J Cultivation (cannabis)
Production (cannabis oil)
Possession of equipment for manufacture (meth)
Possession of precursor substance
Possession of stungun Guilty to cultivation of cannabis
Not guilty to rest 3 months for cultivation
6 months for producing cannabis oil
2 years for meth charges
1 year for gun (concurrent) No

11/02/05
R v Sua HC PMN CRI-2004-054-2067 11 February 2005 Ellen France J

Possession for supply
Receiving stolen property
18.5 grams Not guilty 7 years 6 months for meth
12 months for receiving No

7/12/04 R v Tran HC AK CRI-2004-004-004187 7 Dec 2004 Keane J Possession for supply 18.441g of 75% purity
9 ecstasy tabs
$2000 cash Guilty 3 years No

30/11/04 R v Woodgate HC WHA T035464 30 Nov 2004 Randerson J Supply (meth)
Possession (meth)
Supply (cannabis) 1.03 grams Guilty 2 years for supply of meth
3 months for possession of meth
12 months for cannabis charges (concurrent) No

26/11/04 R v Radford HC WHA CRI-2004-088-002629 26 Nov 2004 Harrison J Possession for supply
(meth)
Possession for supply (cannabis) 0.4 grams Guilty 2 years 9 months for possession for supply (meth)
1 year for possession for supply (cannabis) No

26/11/04 R v Rakete HC WHA T035402 26 Nov 2004 Keane J Possession for supply
Attempting to pervert the course of justice 0.5 grams Not guilty 2 years 6 months for possession for supply
6 months for attempt to pervert course of justice No

24/11/04 R v Henderson HC WN CRI-2003-040-40445 24 Nov 2004 Goddard J Party to manufacture Not guilty 2 years No

10/11/04 R v Rikihana HC HAM T25487 10 Nov 2004 Priestley J Manufacture
Possession of precursor substances and equipment (1 of the 3 charges of possession of equipment was while meth was a Class B drug) Not guilty 5 years 3 months for manufacture
3 years for 2 charges of possession of equipment (concurrent)
9 months (cumulative) for possession of equipment while meth Class B No

3/11/04 R v Rika HC ROT CRI-2004-463-0023 3 Nov 2004 Cooper J Possession for supply 2.9 grams
$2840 cash Not guilty 4 years 3 months No

12/11/04 R v Kissling & Anor HC ROT CRI-2003-063-10099 12 Oct 2004 Rodney Hansen J Manufacture
Possession of precursor substances Capable of yielding 5-10 grams Guilty 3 years No

22/10/04
HC PMN CRI-2003-054-4324 22 October 2004 Gendall J
Praat: Sale (representative charge) Possession
Rosvall: Possession (meth)
Possession (ecstasy)
Both: Conspiracy to possess for the purpose of supply Praat: Empty point bags
$6803 cash
Rosvall: small amount of meth and 1 ecstasy tab $16629 cash Both guilty Praat: 6 years
Rosvall: 5 years No

8/10/04 R v Ede HC PMN CRI-2003-054-3265 8 Oct 2004 France J Possession for supply
Possession of an offensive weapon 2.6 grams
$1640 cash Guilty on morning of trial 3 years 9 months for possession for supply
3 months for possession of a weapon (concurrent) No

8/10/04 R v Hikaka HC PMN CRI-2003-054-3265 8 Oct 2004 France J Possession for supply Possession of materials for manufacture (meth)
Production (cannabis oil)
Possession for supply (cannabis oil)
Possession (cannabis plant) 2.6 grams Not guilty 3 years for meth charges to reflect status as a party to Ede
1 year for cannabis charges (cumulative) No

8/10/04 R v Keenan HC AK CRI-090-2333-04 8 Oct 04 Gendall J Possession for supply 13.5 grams
$1770 cash Not guilty 5 years No

5/10/04 R v Fatu HC HAM CRI-2003-019-25487 5 Oct 2004 Mackenzie J Manufacture (class A and B)
Supply x 2
Conspiracy to manufacture
Conspiracy to supply Capable of 1½ ounce per cook
$7920 cash Guilty 9 years;
MPI 5 years Yes: D continued with operations after being discovered; some of offending was committed while on bail; D exposed his young family to dangers of manufacturing

24/09/04 R v McMullan HC AK CRI-2004-004-002977 24 Sept 2004 Paterson J Possession for supply 3.7 grams
$2000 cash Guilty 3 years 9 months No

21/09/04 R v Shaida & Graaf HC AK CRI-2004-004-6330/CRI-2004-004-6746 21 Sept 2004 Williams J Importation
Possession for supply Shaida: Importing 1.922 kg
Possession 918 grams
Graaf: Importing 11 kg 80% purity
Possession 5.925 kg Both Guilty
Shaida: 11 years 6 months; MPI 50% = 5 years 9 months
Graaf: 14 years; MPI 60% = 8 years 4.8 months
Yes: quantity and value drugs imported; repetitious nature of offending; all circumstances take crimes outside the usual range

17/09/04 R v Welsh HC ROT CRI 2003 070 5352 17 September 2004 Ronald Young J Manufacture class B Manufacturing (meth)
Possession of precursor equipment
Possession of firearms
Assault Not guilty Manufacture meth: 10 years; MPI 6 years
Manufacture class B: 4 years (concurrent)
Possession of precursor: 2 years (concurrent)
Possession of firearms: 1 year (concurrent)
Assault: 6 months (cumulative) Yes
Dominant feature of sentencing is deterrence because of D’s past and seriousness of offending as major manufacturing

17/08/04 R v Franklin HC AK CRI-2004-404-5016 17 Aug 2004 Williams J Supply
Possession 1.7 grams
$2450 cash Guilty 2 years 6 months for supply
3 months for possession (concurrent) No

23/07/04 R v Faulkner HC PMN Cri-2004-054-2090 23 July 2004 Miller J Possession for supply
(meth)
Possession (cocaine)
Possession of utensils for use of meth 19.7 grams meth
0.3 grams cocaine Guilty 5 years for possession for supply of meth
6 months possession of utensils (concurrent)
3 months possession of cocaine (conc) No

22/07/04 R v Knigge HC ROT CRI-2003-063-9730 22 July 2004 Keane J Supply (class A and B) Total unclear from diary records Guilty 2 years with leave to apply for home detention No

21/07/04 R v Murphy HC PMN CRI-2004-054-1614, 21 July 2004 Miller J Possession for supply (meth)
Possession for supply (ecstasy) 9.8 grams 78% pure
30 ecstasy pills
$4971 cash Guilty 4 years for meth
2 years 6 months for ecstasy No

21/07/04 R v Nuku & Anor HC WN CRI-2003-032-9097 21 July 2004 France J Possession for supply
(meth)
Possession for supply (LSD)
Possession for supply (cannabis)
Receiving stolen property 12.9 grams 77-88% purity
41 LSD tabs
51.2 grams cannabis
$2192 cash Not guilty
5 years for meth
1 year for LSD
6 months for cannabis
6 months for receiving
No

20/07/05 R v Bowden HC ROT CRI-2004-070-2721 20 July 2004 Keane J Possession for supply 13.7 grams Guilty 4 years No

16/07/04 R v Samson & Anor HC CHCH CRI-2003-009-013390 16 July 2004 Panckhurst J Rymer: Manufacture
Samson & Curruth: Possession for supply
Supply of precursor substances Capacity to produce 6 to 10 grams weekly Not guilty Rymer: 5 years 6 months
Samson: 5 years
Curruth: 2 years No

9/07/04 R v Moons HC AK CRI 2003-087-3535 9 July 2004 Keane J Manufacture Small operation for own use Guilty 3 years No

02/07/04
R v Hills HC NP
CRI-2003-043-005789 2 July 2004 Potter J Possession for supply (meth)
Possession for supply (LSD)
Possession for supply (ecstasy) 2.3 grams
12 LSD tabs
11 ecstasy tabs
$2600 cash Not guilty
3 years 9 months for class A drugs
18 months for ecstasy
No

02/04/04 R v Whare (HC ROT CRI 2003-063-007238 2 April 2004 Venning J Possession for supply
Supply
Possession of utensils 157 grams 77% pure Possession 0.2 grams Supply 0.7 grams Not guilty 2 years 9 months for possession and supply
1 month for utensils No

01/04/04 R v Brooking (HC Christchurch, CRI-2003-009-14630, 1 April 2004, John
Hansen J) Supply 0.5g Guilty 15 months No

27/02/04 R v McLeod HC Auckland CRI-03-090-12511 27 Feb 2004 Gendall J Possession for supply 191g Guilty 6 years No

20/02/04 R v Bradley & Galvin HC ROT CRI-2003-063-8523 20 Feb 2004 Williams J Possession for supply (meth)
Possession for supply (cannabis)
Possession for supply (LSD) 5.5 grams
14 LSD tabs
10 ounces cannabis Guilty Bradley: 4 years 9 months Galvin: 3 years No

18/02/04 R v Botje (HC ROT CRI 2003-087-3922 18 Feb 2004 Williams J Manufacture on 10-15 occasions Guilty 3 years 6 months No

17/02/04 R v Oveinikovas
HC AK CRI 2003-044-006545 17 Feb 2004 Miller J Supply (meth)
Supply (ecstasy) Guilty 2 years 3 months (meth)
1 year for ecstasy (concurrent) No

10/02/04 R v Stewart HC HAM CRI 2003-019-19303 10 Feb 2004 Randerson J Possession for supply At least 0.3 grams Guilty
2 years 6 months
No

21/11/03 R v MacDonald HC WN CRI 2003-032-9050 21 Nov 2003
Wild J Manufacture (class A and B)
Possession of equipment (class B) Ingredients sufficient to produce 11-18g Guilty 4 years for class A meth manufacture
2 years for class B meth No

7/11/03 R v Roberts HC CHCH CRI-2003-009-012464/CRI-2003-009-0126607 Nov 2003 Panckhurst J Manufacture
Possession for
Supply Offender's admitted 6 previous cooks, final cook produced 0.5g Guilty 3 years 6 months No

08/08/03 R v Morrell HC CHCH CRI 2003-009-006899 8 Aug 2003 John Hansen J Manufacture (class B)
Possession for supply (class A) 12 grams Guilty 4 years 6 months;
MPI 50% = 2 years 3 months Yes: use of two 15 year olds to buy pseudoephedrine tabs

Date	Case	Offence	Quantity	Plea	Sentence	MPI
23/06/05	R v Keenan CA425/04 23 Jun 2005	Possession for supply	13.5 grams $1,770 cash	Not guilty	5 years	No
23/03/05	R v Conway CA275/04 23 Mar 2005	Possession for supply	0.4 grams	Guilty	2 years 6 months	No
17/03/05	R v Arthur CA382/04 17 Mar 2005	Supply	Not guilty	2 years	No
15/03/05	R v Franklin CA363/04 15 Mar 2005	Possession for supply	1.8 grams	Guilty	2 years 6 months	No
28/02/05	R v Grant CA326/04 28 Feb 2005	Possession for supply	1.1 grams $10,000 cash	Guilty	3 years	No
13/10/05	R v Clark HC CHCH CRI 2004-009-0013041 13 Oct 2005 Fogarty J	Manufacture Possession of materials Possession of precursor substances Possession of equipment	Not guilty	3 years 6 months for manufacture 18 months for each of other charges (concurrent)	No
7/10/05	R v Mitchell HC AK CRI 2004-044-6481 7 Oct 2005 Potter J	Importing ecstasy x 2 Supply class B meth Supply class A meth	Guilty	Importation: four years Supply of class B meth: three years (concurrent) Supply of class A meth: 21 months (concurrent)	No
30/09/05	R v McLean HC WN CRI-2005-091-690 30 Sept 2005 Goddard J	Possession for supply	2.75 grams $2780 cash	Guilty	2 years	No
28/09/05	R v Morris HC AK CRI-2005-090-004458 28 Sept 2005 Potter J	Manufacture Possession of precursor equipment Possession of precursor chemicals	Guilty	3 years for manufacture 6 months each for possession charges	No
20/09/05	R v Ah-Wong HC AK CRI 2004-092-107005 20 Sept 2005 Venning J	Possession of methamphetamine for supply x1 Unlawfully carrying an imitation firearm x2	Guilty	Two years for possession Three months (cumulative) on firearm charges	No
30/08/05	R v Henderson HC AK CRI-2004-004-001074 30 Aug 2005 Harrison J	Manufacture	Guilty	18 months imprisonment (cumulative on two sentences currently being served)	No
26/08/05	R v Clark HC WN CRI-2005-085-3224 26 Aug 2005 Gendall J	Possession for supply	2.6 grams $355 cash	Guilty	15 months	No
12/08/05	R v Shirinov HC WN CRI-2004-085-8199 12 Aug 2005 Gendall J	possession for supply Possession of a stun gun Receiving stolen property x 6	2.929 grams $12000 cash	Not guilty	Possession for supply: 5 years 9 months Possession of the weapon 12 months (concurrent) Receiving: 12 months each (concurrent)	No
5/08/05	R v Sahati HC TAU CRI-2005-070-1079 5 Aug 2005 Heath J	Importation Possession for supply	800 grams 79% purity	Guilty	7 years 6 months	No
29/07/05	R v Masters HC WN CRI 2004 085 3656 29 July 2005 Wild J	Possession for supply (meth) Possession for supply (cocaine) Possession for supply (ecstasy)	11.3 grams meth $9810 cash 27 grams cocaine 48 ecstasy tabs	Guilty	4 years 4 months for meth 4 years 4 months for cocaine (concurrent) 2 years for ecstasy (concurrent)	No
22/07/05	R v Tuimalealiifano HC WN CRI-2005-085-4529 22 July 2005 Gendall J	Possession for supply	10.8 grams $2500 cash	Guilty	4 years	No
21/07/05	R v Davie HC AK CRI-2005-085-2564 21 July 2005 Mackenzie J	Possession for supply Possession of a precursor substance	11.7 grams	Guilty	3 years	No
15/07/05	R v Stacey HC WN CRI-2004-085-1980 15 July 2005 Goddard J	Possession for supply (meth) x 2 Possession for supply (ecstasy)	25.2 grams 0.3 grams $650 cash 7 ecstasy tabs	Guilty	18 months (concurrent) for meth charges 6 months for ecstasy	No
15/07/05	R v Keefe HC AK CRI 2005-055-619 15 July 2005 Allan J	Manufacture	Guilty	2 years 6 months	No
12/07/05	R v Loke HC AK CRI-2004-404-12050 12 July 2005 Baragwanath J	Possession	138.6 grams	Guilty	4 years 3 months	No
8/07/05	R v Robertson HC AK CRI 2004-044-7200 8 July 2005 Potter J	Supply (meth) Possession for supply (meth) Possession for supply (ecstasy) Possession (cocaine) Possession of a pipe	1.3 grams mixture of meth, glucose and ecstasy Sale over 3 to 4 months	Guilty	3 years 6 months for supply of meth (all others concurrent)	No
4/07/05	R v Hines HC PMN CRI-2004-031-964 4 July 2005 Gendall J	Conspiracy to supply	Not guilty	5 years 6 months	No
30/06/05	R v Te Rure & Anor HC NAP CRI-2005-041-1142 30 June 2005 Mackenzie J	Te Rure: Manufacture Possession of precursor substances Sale of cannabis plant Wilson: Manufacture Sale of cannabis plant Otter: Conspiracy to manufacture Scully: Conspiracy to manufacture Possession of precursor substances Bryan: Conspiracy to manufacture Olsen: Conspiracy to manufacture Joanna Te Rure: Conspiracy to manufacture R Smith: Supply of precursor substances P Smith: Supply of precursor substances	A batch could produce up to 40 or 80 grams	All guilty	Te Rure: 12 years; MPI 2/3 = 8 years Wilson: 10 years; MPI 6 years Otter: 7 years; MPI 4 years Scully: 9 years; MPI 5 years Bryan: 5 years 9 months Olsen: 5 years 6 months Joanna Te Rure: 2 years R Smith: 2 years P Smith: 1 year	Yes Te Rure: repeat offending; offending while on bail; scale of the offending; harm done to community by producing significant quantities of drug, danger to community of manufacturing operation; cost to the property owner; protection of community must longer than normal minimum period
17/06/05	R v Crombie & Anor HC PMN CRI-2004-031-964 17 June 2005 Gendall J	Crombie: Conspiracy to supply x 5 Conspiracy to import Sale x 11 O’Connell: Conspiracy to supply x 5 Conspiracy to import Hines: Conspiracy to supply Sole: Conspiracy to supply Poihipi: Conspiracy to supply Chatfield: Conspiracy to supply Wairoa: Conspiracy to supply	Guilty	Combrie: 9 years; MPI 4 years 6 months O’Connell: 8 years; MPI 4 years Hines: 6 years Sole: 5 years Poihipi: 4 years Chatfield: 3 years Wairoa: 2 years	Yes Circumstances of D’s multiple offences is sufficiently serious to justify an MPI and the ambit of the offending takes it out of the ordinary range
16/07/05	R v Latham HC AK CRI 2004-090-007258 16 June 2005 Cooper J	Manufacture Possession of equipment Possession of precursor substances Possession of a pipe Possession	Not guilty	Manufacture 4 years 9 months Possession of equipment and precursor two years each Possession of a pipe 4 months Possession of meth 4 months	No
3/06/05	R v Murphy HC AK CRI-2004-004-009111 3 June 2005 Simon France J	Importion Possession for supply Conspiracy to import a prohibited drug	650 grams 77% purity	Not guilty	16 years; MPI 60% = 9 years	Yes Duty to condemn and deter offending; significant importation; another was planned
20/05/05	R v Hadfield HC AK CRI 2005-004-002755 20 May 2005 Venning J	Importation	800 grams pure	Guilty	6 years	No
20/05/05	R v Anslow HC AK CRI 2003-004-040867 20 May 2005 Laurenson J	Possession for supply x 2 Supply	Possession x 1: 5.5 grams and $3495 cash Possession x 2: 4.506 grams and $835 cash Supply: evidence of dealings in excess of $300000	Not guilty	9 years for supply; MPI 4 years 3 years for possession counts (concurrent)	Yes D continued supplying the drug at a significant level after first time apprehended; indicates a degree of culpability which indicates greater need to deter and to protect the community
10/05/05	R v Bowater HC AK CIV 2004-044-001837 10 May 2005 Cooper J	Manufacture Possession for supply x 2 Possession of equipment	55.3 grams $3030 cash manufacture would have yielded between 42.8 and 64.2 grams	Guilty	3 years 9 months for manufacture 3 years 3 months for possession for supply 6 months for equipment (all concurrent)	No
10/05/05	R v Silverio HC AK CRI 2005-092-3930 10 May 2005 Laurenson J	Importation	296.4 grams	Guilty	7 years 6 months	No
3/05/05	R v Ferry HC AK CRI-2004-44-6481 3 May 2005 Baragwanath J	Importation (meth) x 4 Importation (ecstasy) Possession (LSD)	112 grams 56 grams of ecstasy powder $6800 cash	Guilty	six years and forty days for meth charges 5 years for ecstasy (concurrent) 6 months on LSD charges (concurrent)	No
22/04/05	R v Meldon HC AK CRI 2005-404-000109 22 April 2005 Cooper J	Possession for supply	0.8 grams	Guilty	2 years 6 months	No
4/03/05	R v Fleming HC WN CRI-2005-085-1169 4 Mar 2005 Goddard J	Possession for supply Supply (meth) Possession (ecstasy) Supply (ecstasy) Receiving stolen property	1.6 grams 3 ecstasy tabs	Guilty	2 years for drugs 6 months for receiving	No
4/03/05	R v Dalley HC WN CRI-2004-085-2409 4 Mar 2005 Goddard J	Manufacture Conspiracy to manufacture Possession of equipment for manufacture Unlawful possession of firearms	Guilty	4 years 6 months for manufacture amd conspiracy to manufacture 3 years for possession of equipment (concurrent) 2 years for firearms (concurrent)	No
4/03/05	R v Blake HC WN CRI-2004-085-2409 4 Mar 2005 Goddard J	Cultivation (cannabis) Production (cannabis oil) Possession of equipment for manufacture (meth) Possession of precursor substance Possession of stungun	Guilty to cultivation of cannabis Not guilty to rest	3 months for cultivation 6 months for producing cannabis oil 2 years for meth charges 1 year for gun (concurrent)	No
11/02/05	R v Sua HC PMN CRI-2004-054-2067 11 February 2005 Ellen France J	Possession for supply Receiving stolen property	18.5 grams	Not guilty	7 years 6 months for meth 12 months for receiving	No
7/12/04	R v Tran HC AK CRI-2004-004-004187 7 Dec 2004 Keane J	Possession for supply	18.441g of 75% purity 9 ecstasy tabs $2000 cash	Guilty	3 years	No
30/11/04	R v Woodgate HC WHA T035464 30 Nov 2004 Randerson J	Supply (meth) Possession (meth) Supply (cannabis)	1.03 grams	Guilty	2 years for supply of meth 3 months for possession of meth 12 months for cannabis charges (concurrent)	No
26/11/04	R v Radford HC WHA CRI-2004-088-002629 26 Nov 2004 Harrison J	Possession for supply (meth) Possession for supply (cannabis)	0.4 grams	Guilty	2 years 9 months for possession for supply (meth) 1 year for possession for supply (cannabis)	No
26/11/04	R v Rakete HC WHA T035402 26 Nov 2004 Keane J	Possession for supply Attempting to pervert the course of justice	0.5 grams	Not guilty	2 years 6 months for possession for supply 6 months for attempt to pervert course of justice	No
24/11/04	R v Henderson HC WN CRI-2003-040-40445 24 Nov 2004 Goddard J	Party to manufacture	Not guilty	2 years	No
10/11/04	R v Rikihana HC HAM T25487 10 Nov 2004 Priestley J	Manufacture Possession of precursor substances and equipment (1 of the 3 charges of possession of equipment was while meth was a Class B drug)	Not guilty	5 years 3 months for manufacture 3 years for 2 charges of possession of equipment (concurrent) 9 months (cumulative) for possession of equipment while meth Class B	No
3/11/04	R v Rika HC ROT CRI-2004-463-0023 3 Nov 2004 Cooper J	Possession for supply	2.9 grams $2840 cash	Not guilty	4 years 3 months	No
12/11/04	R v Kissling & Anor HC ROT CRI-2003-063-10099 12 Oct 2004 Rodney Hansen J	Manufacture Possession of precursor substances	Capable of yielding 5-10 grams	Guilty	3 years	No
22/10/04	HC PMN CRI-2003-054-4324 22 October 2004 Gendall J	Praat: Sale (representative charge) Possession Rosvall: Possession (meth) Possession (ecstasy) Both: Conspiracy to possess for the purpose of supply	Praat: Empty point bags $6803 cash Rosvall: small amount of meth and 1 ecstasy tab $16629 cash	Both guilty	Praat: 6 years Rosvall: 5 years	No
8/10/04	R v Ede HC PMN CRI-2003-054-3265 8 Oct 2004 France J	Possession for supply Possession of an offensive weapon	2.6 grams $1640 cash	Guilty on morning of trial	3 years 9 months for possession for supply 3 months for possession of a weapon (concurrent)	No
8/10/04	R v Hikaka HC PMN CRI-2003-054-3265 8 Oct 2004 France J	Possession for supply Possession of materials for manufacture (meth) Production (cannabis oil) Possession for supply (cannabis oil) Possession (cannabis plant)	2.6 grams	Not guilty	3 years for meth charges to reflect status as a party to Ede 1 year for cannabis charges (cumulative)	No
8/10/04	R v Keenan HC AK CRI-090-2333-04 8 Oct 04 Gendall J	Possession for supply	13.5 grams $1770 cash	Not guilty	5 years	No
5/10/04	R v Fatu HC HAM CRI-2003-019-25487 5 Oct 2004 Mackenzie J	Manufacture (class A and B) Supply x 2 Conspiracy to manufacture Conspiracy to supply	Capable of 1½ ounce per cook $7920 cash	Guilty	9 years; MPI 5 years	Yes: D continued with operations after being discovered; some of offending was committed while on bail; D exposed his young family to dangers of manufacturing
24/09/04	R v McMullan HC AK CRI-2004-004-002977 24 Sept 2004 Paterson J	Possession for supply	3.7 grams $2000 cash	Guilty	3 years 9 months	No
21/09/04	R v Shaida & Graaf HC AK CRI-2004-004-6330/CRI-2004-004-6746 21 Sept 2004 Williams J	Importation Possession for supply	Shaida: Importing 1.922 kg Possession 918 grams Graaf: Importing 11 kg 80% purity Possession 5.925 kg	Both Guilty	Shaida: 11 years 6 months; MPI 50% = 5 years 9 months Graaf: 14 years; MPI 60% = 8 years 4.8 months	Yes: quantity and value drugs imported; repetitious nature of offending; all circumstances take crimes outside the usual range
17/09/04	R v Welsh HC ROT CRI 2003 070 5352 17 September 2004 Ronald Young J	Manufacture class B Manufacturing (meth) Possession of precursor equipment Possession of firearms Assault	Not guilty	Manufacture meth: 10 years; MPI 6 years Manufacture class B: 4 years (concurrent) Possession of precursor: 2 years (concurrent) Possession of firearms: 1 year (concurrent) Assault: 6 months (cumulative)	Yes Dominant feature of sentencing is deterrence because of D’s past and seriousness of offending as major manufacturing
17/08/04	R v Franklin HC AK CRI-2004-404-5016 17 Aug 2004 Williams J	Supply Possession	1.7 grams $2450 cash	Guilty	2 years 6 months for supply 3 months for possession (concurrent)	No
23/07/04	R v Faulkner HC PMN Cri-2004-054-2090 23 July 2004 Miller J	Possession for supply (meth) Possession (cocaine) Possession of utensils for use of meth	19.7 grams meth 0.3 grams cocaine	Guilty	5 years for possession for supply of meth 6 months possession of utensils (concurrent) 3 months possession of cocaine (conc)	No
22/07/04	R v Knigge HC ROT CRI-2003-063-9730 22 July 2004 Keane J	Supply (class A and B)	Total unclear from diary records	Guilty	2 years with leave to apply for home detention	No
21/07/04	R v Murphy HC PMN CRI-2004-054-1614, 21 July 2004 Miller J	Possession for supply (meth) Possession for supply (ecstasy)	9.8 grams 78% pure 30 ecstasy pills $4971 cash	Guilty	4 years for meth 2 years 6 months for ecstasy	No
21/07/04	R v Nuku & Anor HC WN CRI-2003-032-9097 21 July 2004 France J	Possession for supply (meth) Possession for supply (LSD) Possession for supply (cannabis) Receiving stolen property	12.9 grams 77-88% purity 41 LSD tabs 51.2 grams cannabis $2192 cash	Not guilty	5 years for meth 1 year for LSD 6 months for cannabis 6 months for receiving	No
20/07/05	R v Bowden HC ROT CRI-2004-070-2721 20 July 2004 Keane J	Possession for supply	13.7 grams	Guilty	4 years	No
16/07/04	R v Samson & Anor HC CHCH CRI-2003-009-013390 16 July 2004 Panckhurst J	Rymer: Manufacture Samson & Curruth: Possession for supply Supply of precursor substances	Capacity to produce 6 to 10 grams weekly	Not guilty	Rymer: 5 years 6 months Samson: 5 years Curruth: 2 years	No
9/07/04	R v Moons HC AK CRI 2003-087-3535 9 July 2004 Keane J	Manufacture	Small operation for own use	Guilty	3 years	No
02/07/04	R v Hills HC NP CRI-2003-043-005789 2 July 2004 Potter J	Possession for supply (meth) Possession for supply (LSD) Possession for supply (ecstasy)	2.3 grams 12 LSD tabs 11 ecstasy tabs $2600 cash	Not guilty	3 years 9 months for class A drugs 18 months for ecstasy	No
02/04/04	R v Whare (HC ROT CRI 2003-063-007238 2 April 2004 Venning J	Possession for supply Supply Possession of utensils	157 grams 77% pure Possession 0.2 grams Supply 0.7 grams	Not guilty	2 years 9 months for possession and supply 1 month for utensils	No
01/04/04	R v Brooking (HC Christchurch, CRI-2003-009-14630, 1 April 2004, John Hansen J)	Supply	0.5g	Guilty	15 months	No
27/02/04	R v McLeod HC Auckland CRI-03-090-12511 27 Feb 2004 Gendall J	Possession for supply	191g	Guilty	6 years	No
20/02/04	R v Bradley & Galvin HC ROT CRI-2003-063-8523 20 Feb 2004 Williams J	Possession for supply (meth) Possession for supply (cannabis) Possession for supply (LSD)	5.5 grams 14 LSD tabs 10 ounces cannabis	Guilty	Bradley: 4 years 9 months Galvin: 3 years	No
18/02/04	R v Botje (HC ROT CRI 2003-087-3922 18 Feb 2004 Williams J	Manufacture on 10-15 occasions	Guilty	3 years 6 months	No
17/02/04	R v Oveinikovas HC AK CRI 2003-044-006545 17 Feb 2004 Miller J	Supply (meth) Supply (ecstasy)	Guilty	2 years 3 months (meth) 1 year for ecstasy (concurrent)	No
10/02/04	R v Stewart HC HAM CRI 2003-019-19303 10 Feb 2004 Randerson J	Possession for supply	At least 0.3 grams	Guilty	2 years 6 months	No
21/11/03	R v MacDonald HC WN CRI 2003-032-9050 21 Nov 2003 Wild J	Manufacture (class A and B) Possession of equipment (class B)	Ingredients sufficient to produce 11-18g	Guilty	4 years for class A meth manufacture 2 years for class B meth	No
7/11/03	R v Roberts HC CHCH CRI-2003-009-012464/CRI-2003-009-0126607 Nov 2003 Panckhurst J	Manufacture Possession for Supply	Offender's admitted 6 previous cooks, final cook produced 0.5g	Guilty	3 years 6 months	No
08/08/03	R v Morrell HC CHCH CRI 2003-009-006899 8 Aug 2003 John Hansen J	Manufacture (class B) Possession for supply (class A)	12 grams	Guilty	4 years 6 months; MPI 50% = 2 years 3 months	Yes: use of two 15 year olds to buy pseudoephedrine tabs