IN THE HIGH COURT OF NEW ZEALAND INVERCARGILL REGISTRY
I TE KŌTI MATUA O AOTEAROA WAIHŌPAI ROHE
CRI-2025-425-000010
[2025] NZHC 2873
BETWEEN SELWYN ERIC CORMACK
Appellant
AND
THE KING
Respondent
Hearing: 22 September 2025 Appearances:
S G Vidal for Appellant
M B Brownlie for Respondent
Judgment:
1 October 2025
JUDGMENT OF PRESTON J
This judgment was delivered by me on 1 October 2025 at 9.00 am, pursuant to Rule 11.5 of the High Court Rules.
Registrar/Deputy Registrar
Date……………
CORMACK v R [2025] NZHC 2873 [1 October 2025]
Introduction
[1] Selwyn Cormack, aged 61, pleaded guilty to a series of cannabis related offending, including 75 charges of possession for supply of cannabis,1 one of cultivating cannabis,2 two of unlawfully possessing firearms3 and one of unlawfully possessing ammunition.4 On 13 February 2025, Judge M Williams sentenced him to two years and nine months’ imprisonment.5
[2] Mr Cormack appeals the sentence on the basis that term was manifestly excessive and the Judge wrongly applied the guideline judgment for such offending.
Facts
[3] On 24 June 2024, police executed a search warrant at Mr Cormack’s address and located 44 cannabis plants in grow tents, 13 cannabis seedlings in a hydroponic tent, a .303 calibre rifle, a dismantled shotgun, 122 shotgun cartridges and three rifle rounds. During a search of Mr Cormack’s phone, his messages revealed further evidence of his involvement in the supply of cannabis. It identified that between 13 July 2021 and 22 June 2024, he supplied and offered to supply cannabis to eight associates on 75 occasions. The investigation found Mr Cormack supplied approximately 77 ounces of cannabis with a street value of $26,950. He offered to supply a further 26.5 ounces, with a street value around $9,275. In explanation, he said he was growing cannabis for personal use, and he got the firearms off someone on the street.
District Court decision
[4] The Judge applied the tariff decision for cannabis offending, R v Terewi.6 Given the cannabis dealing took place over a three-year period, he determined it fell within the middle of band two and adopted a starting point of three years’ imprisonment. He then uplifted this by 15 months for the firearms offending. A 25 per
1 Misuse of Drugs Act 1975, s 6(1)(f); maximum penalty eight years’ imprisonment.
2 Section 9(1); maximum penalty seven years’ imprisonment.
3 Arms Act 1983, s 45(1); maximum penalty four years’ imprisonment or $5000 fine.
4 Section 22B; maximum penalty $10,000 fine.
5 R v Cormack [2025] NZDC 2774.
6 R v Terewi [1999] 3 NZLR 62 (CA).
cent deduction was given for guilty pleas. A further 10 per cent was deducted for personal mitigating factors including Mr Cormack’s health and age. This resulted in an end sentence of two years and nine months’ imprisonment.
[5] Ms Vidal advises Mr Cormack, who spent approximately seven months in custody on remand prior to sentencing, has been admitted to parole by the Board.
Argument on appeal
[6] Ms Vidal submits the Judge erred in applying
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CaseChat Overview and Summary
The court held that R v Terewi remains the applicable guideline judgment for cannabis offending and that the sentencing judge did not err in categorising Mr Cormack's offending as falling within band two of Terewi. The court found that the amount of cannabis cultivated and the extent and period of sales demonstrated an intent to derive profit, justifying the starting point of three years' imprisonment. The court also held that the 15-month uplift for the firearms offending was appropriate given the inherent seriousness of possessing firearms in connection with drug dealing. The appeal was dismissed.
The final orders were that the appeal be dismissed and that Mr Cormack be committed to serve the sentence of two years and nine months' imprisonment imposed by the District Court.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
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