Ashby v The King - [2025] NZHC 2169

IN THE HIGH COURT OF NEW ZEALAND ROTORUA REGISTRY

I TE KŌTI MATUA O AOTEAROA
TE ROTORUA-NUI-A-KAHUMATAMOMOE ROHE

CRI-2025-463-000014 [2025] NZHC 2169

BETWEEN KEITH TAU ASHBY

Appellant

AND THE KING
Respondent

Hearing: 31 July 2025

Counsel:M J Taylor-Cyphers for Appellant L K McMaster for Respondent

Judgment: 4 August 2025

JUDGMENT OF BREWER J

This judgment was delivered by me on 4 August 2025 at 2.30 pm

Registrar/Deputy Registrar

Solicitors/Counsel:
M J Taylor-Cyphers (Auckland) for Appellant Gordon Pilditch (Rotorua) for Respondent

ASHBY v R [2025] NZHC 2169 [4 August 2025]

Introduction

[1] Mr Ashby appeals his sentence of two years and four months’ imprisonment imposed on him by Judge G C Hollister-Jones on 12 December 2024.1 The Judge sentenced Mr Ashby on representative charges of supplying methamphetamine,2 conspiracy to manufacture methamphetamine3 and importing the precursor substance, iodine.4 Mr Ashby pleaded guilty to those charges.

[2] The grounds of Mr Ashby’s appeal are that the Judge adopted a starting point which was too high and did not afford him proper discounts.

[3] Mr Ashby wants me to have regard to an alcohol and drug report which came to hand the day after the sentencing. I will receive it on a de bene esse basis and will have regard to it if, in all the circumstances of the appeal, it is in the interests of justice for me to do so.

Background

[4] Mr Ashby’s offending came to light during the period of a surveillance device warrant granted in February 2023 and renewed in April 2023. His offending is set out in the summary of facts, to which he pleaded guilty. It is lengthy, but I will quote parts in detail because they are relevant to the view I have reached that the Judge erred in adopting the charge of supplying methamphetamine as the lead charge:

INTRODUCTION

In February 2023 Police from the National Organised Crime Group (“NOCG”) launched an investigation codenamed “Operation Posada” into the suspected manufacture and supply of the Class A controlled drug methamphetamine.

…

Intercepted communications, and phone data obtained throughout the investigation phase identified offences committed by the defendant ASHBY, YOUNG and various associates.

1      R v Ashby [2024] NZDC 30703.
2      Misuse of Drugs Act 1975, s 6(1)(c) and (2); maximum penalty, life imprisonment.
3      Section 6(1)(b) and (2A); maximum penalty, 14 years’ imprisonment.
4      Section 12AB; maximum penalty, seven years’ imprisonment.

On 24 May 2023, Police completed a partial termination of Operation Posada whereby a search warrant was executed on YOUNG’s Toyota Hilux, registration PSN513 and his property at 75 Braine Road, Oparau. Police stopped vehicle PSN513 in Otorohanga.

YOUNG was the driver and ASHBY the front passenger and only other occupant in the Toyota motor vehicle at the time of the vehicle stop.

Seized from the Toyota motor vehicle were four (4) cell phones belonging to YOUNG and ASHBY and three (3) bags of white crystal-like substance.

One of the bags of crystal like substance was located inside ASHBY’s backpack in the footwell of the…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Ashby v The King

Details

AGLC: Ashby v The King [2025] NZHC 2169
Case: [2025] NZHC 2169
Decision Date: 4 August 2025

CaseChat Overview and Summary

Keith Ashby appeals against his sentence of two years and four months’ imprisonment imposed by Judge G C Hollister-Jones on 12 December 2024. The appeal focuses on the appropriateness of the starting point and discounts applied in sentencing for his convictions on charges of supplying methamphetamine, conspiracy to manufacture methamphetamine, and importing precursor substances for unlawful use. The primary contention is that the starting point was too high and insufficient discounts were afforded. Ashby argues that his role in the conspiracy was minor and aspirational, and that his methamphetamine addiction should have warranted a more significant discount. The court examines whether the sentence was manifestly excessive and whether the starting point and discounts were correctly applied.

The court notes that Ashby’s offending involved not only street-level dealing but also significant efforts to manufacture and import precursor substances for methamphetamine. The court concludes that the conspiracy and importation charges should have been the lead charges due to their seriousness. The court finds that a starting point of around five years’ imprisonment, considering the totality of the offending, is appropriate. Regarding discounts, the court accepts that the reduction for guilty pleas was appropriate, as was the discount for Ashby’s methamphetamine addiction in relation to the dealing charge. However, the court finds that the nominal discount for remorse was insufficient given the nature of the offending. The court also finds that the discount for time spent on electronic monitoring bail was appropriate.

Ultimately, the court determines that an end sentence of around three years and two months’ imprisonment would have been within range, and thus dismisses the appeal.

Orders