| IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA |
| CA779/2024 |
| BETWEEN | LYNMARIE CARTER |
| AND | THE KING |
| Hearing: | 16 June 2025 |
Court: | Ellis, Peters, Walker JJ |
Counsel: | D J Allan for Appellant |
Judgment: | 13 August 2025 at 11.00 am |
JUDGMENT OF THE COURT
AThe appeal is allowed.
BThe sentence of five years and four months’ imprisonment is set aside and a sentence of four years and four months’ imprisonment is imposed.
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REASONS OF THE COURT
(Given by Walker J)
The appellant, Ms Carter, pleaded guilty to charges involving serious drug offending. She was sentenced to five years and four months’ imprisonment in the District Court at Auckland.[1] Ms Carter now appeals her sentence. She contends it is manifestly excessive because the starting point was too high, the allowance for guilty plea inadequate and the imposition of a five per cent uplift for previous convictions was unwarranted.
Offending
[1]R v Carter [2024] NZDC 26887 [sentencing notes] at [13].
Ms Carter was charged with her partner of 45 years, Mr Pearce. Judge Cocurullo’s sentencing notes summarised her offending based on the amended summary of facts to which Ms Carter pleaded guilty:
[2] I refer to the amended summary of facts of 16 July 2024. You were identified as somebody in this network of methamphetamine suppliers just below a Mr Ball. You were caught by the police obtaining telephone data for you over generally that period from September 2021 to January 2022. The communications showed that you were a busy lower-level dealer with a customer base of at least 33 separate individuals around Hamilton. The communications revealed your partner, Mr Pearce, who is your co‑accused involved in a support role for you. It was identified that on occasion he was delivering methamphetamine and on two other occasions providing enforcement or debt collection services.
[3] You, Ms Carter, were admitted to hospital during the course of the investigation and the summary of facts shows that Mr Pearce, who I am yet to deal with, took over the operations and asked for an update.
[4] The summary of facts makes a typical chain of events where Mr Ball would purchase kilogram quantities of methamphetamine from Auckland and deliver one to three ounce quantities to either you or Mr Pearce, usually on credit. The summary of facts details what the methamphetamine was being bought for and the sums set out. It then specifically turns to the factual matrix in respect of each of the charges, the possession for supply, together with the remaining five charges of supplying methamphetamine.
[5] The short point is that you are to be sentenced today responsible for a massive amount of methamphetamine, 524.25 grams …
While Ms Carter and Mr Pearce were convicted jointly in respect of some charges, the quantities of methamphetamine attributed to each of them were different and Ms Carter was also convicted of further individual charges. Given…
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- AGLC
- Carter v The King [2025] NZCA 400
- Case
- [2025] NZCA 400
- Decision Date
CaseChat Overview and Summary
The court examined the nature and extent of Ms Carter's involvement in drug offending, which involved possession and supply of methamphetamine. The appellant and her partner, Mr Pearce, were jointly charged with some offences, but the quantities of drugs attributed to each of them were different. The court found that the starting point adopted by the sentencing Judge placed Ms Carter's offending within band three of Zhang, rather than band four, after considering the respective roles of Mr Pearce and Ms Carter over the entire period of offending. The court also found that the five per cent uplift for prior convictions was excessive, and that Ms Carter should have received the same guilty plea credit as Mr Pearce, which was 20 per cent. Taking these factors into account, the court reduced the sentence to four years and four months' imprisonment.
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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