Bishop v R

Frederick Charles Bishop appealed against his sentence of two years and nine months imprisonment, imposed by Judge Paul in the District Court at Auckland, for charges including possessing cannabis for the purpose of sale, receiving stolen property, possessing a pipe for consuming methamphetamine, and possessing explosives. The appeal focused on the sentence for the cannabis charge, which was deemed manifestly excessive. The Court of Appeal considered the appropriate starting point for the sentence, the relevance of the $15,000 found during the search of Bishop's residence, and the cumulative sentence for the receiving charges. The Crown conceded that the $15,000 could not be forfeited under the Misuse of Drugs Act 1975, and it was inappropriate to consider the money in assessing the commerciality of the offending.

The Court of Appeal found that the starting point of two and a half years imprisonment was too high, considering Bishop's role as a low-level dealer. The Court adopted a starting point of two years, with an uplift of six months for aggravating factors, and a discount of three months for the late guilty pleas. The end sentence for the cannabis charge should have been two years and three months imprisonment. The cumulative sentence of one month's imprisonment on the receiving charge and the concurrent sentences on the remaining charges were upheld. The order requiring forfeiture of the $15,000 was set aside.