IN THE HIGH COURT OF NEW ZEALAND NEW PLYMOUTH REGISTRY
I TE KŌTI MATUA O AOTEAROA NGĀMOTU ROHE
CRI-2025-443-22
[2025] NZHC 1913
BETWEEN ALISON JANE BOSSON
Appellant
AND
NEW ZEALAND POLICE
Respondent
Hearing: 10 July 2025 Appearances:
S J Parry for Appellant
P M Lange for Respondent
Judgment:
14 July 2025
Reissued:
21 July 2025
JUDGMENT OF McQUEEN J
[1] Ms Bosson was sentenced on 30 April 2025 at the Hawera District Court, following the entry of guilty pleas, in relation to the following charges:1
(a)possession for supply of cannabis plants;2
(b)two charges of selling, giving, supplying, dealing cannabis plant;3 and
(c)permitting premises to be used for cannabis offending, namely cultivating cannabis.4
1 Police v Bosson [2025] NZDC 9564.
2 Misuse of Drugs Act 1975, s 6(1)(f): maximum penalty eight years’ imprisonment.
3 Misuse of Drugs Act 1975, s 6(1)(d): maximum penalty eight years’ imprisonment.
4 Misuse of Drugs Act 1975, s 12: maximum penalty three years’ imprisonment.
BOSSON v NEW ZEALAND POLICE [2025] NZHC 1913 [14 July 2025]
[2] Ms Bosson was sentenced to two years and five months’ imprisonment. She now appeals against the sentence on the basis it is manifestly excessive because the sentencing Judge erred in assessing the quantity of cannabis possessed for supply, the starting point was too high and insufficient credit was given for her personal circumstances.
[3] The Police oppose the appeal, submitting that the end sentence is not manifestly excessive.
[4]For the reasons that follow, the appeal is allowed.
The offending
Offers cannabis
[5] Between 30 July 2024 and 27 August 2024 Ms Bosson offered cannabis plant on 12 different occasions via text messages.
Supply cannabis
[6] Between 1 August 2024 and 29 August 2024 Ms Bosson supplied cannabis plant on five different occasions via text messages.
Possession for supply of cannabis
[7] On 12 October 2024, during a search warrant at Ms Bosson’s address, Police located a large plastic container with six zip lock bags, one paper bag and a smaller plastic container. The total cannabis located in the container was 432 grams, with on average 57 grams contained in each of the zip lock bags. The Police also located two sets of scales and snap lock bags in the kitchen.
Permitting premises
[8] During the same search, Police located 96 cannabis plants in various stages of growth potted individually in a spare bedroom. In the wardrobe, a cannabis plant was hanging to dry, and another 886 grams of dried cannabis was located in a bag.
[9] In the garage, Police located a large double room grow tent for hydroponics with three old plants that had been cultivated. There was also equipment such as fans, heat lamps and lights.
[10] The total amount of dried cannabis located at Ms Bosson’s address was 1318 grams of cannabis with a total street value of approximately $7,000.
Decision under appeal
[11] The District Court Judge set out the charges as alleged in the summary of facts. The Judge had the benefit of written and…
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- AGLC
- Bosson v Police [2025] NZHC 1913
- Case
- [2025] NZHC 1913
- Decision Date
CaseChat Overview and Summary
The court found that the sentencing judge erred in attributing the quantity of cannabis for the possession for supply charge. The correct quantity was 432 grams, not the 1312 grams used by the judge to set the starting point. This error led to a starting point that was too high. The court determined that a more appropriate starting point for the possession for supply charge would be two years and one month’s imprisonment, rather than the two years and eight months adopted by the sentencing judge. The court also found that the uplifts and credits applied by the judge were within range and did not constitute error.
However, the court concluded that the sentence of two years and five months’ imprisonment was manifestly excessive. The appropriate sentence should be two years’ imprisonment. Given that this is now a short-term sentence, the court considered whether leave should be reserved for Ms Bosson to apply for home detention if a suitable address became available. The court decided against reserving leave, noting Ms Bosson’s high risk of reoffending and her previous reoffending despite imprisonment. Therefore, the sentence to be imposed on appeal is two years’ imprisonment.
The court also addressed the imposition of special release conditions, agreeing to conditions relating to alcohol and drug counselling, problem gambling, employment and training, and a prohibition on possessing, consuming, or using alcohol or drugs. The court imposed these conditions until the sentence expiry date.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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