Crompton v The Queen

In the Court of Appeal of New Zealand, three appellants—Jayne Crompton, Dean Frederick Theobald, and Marc Henry Ethelstone—challenged the sentences imposed by Woolford J in the High Court at Whangarei. They were convicted of various drug-related offenses, including manufacturing, possessing, and supplying methamphetamine. Crompton and Theobald also faced charges of conspiracy and possession of firearms and ammunition. They argued that their sentences were manifestly excessive, particularly the starting point for their sentences, which was set at twelve years for manufacturing methamphetamine. They contended that the Judge wrongly interpreted text messages to conclude that they had manufactured significantly more methamphetamine than they had. The Court found that the Judge's interpretation was supported by the evidence, and the scale of the drug manufacturing operation was substantial. The Court also found no error in the Judge's decision not to discount the sentences for the appellants' remorse, as no genuine remorse was expressed. Consequently, the appeals were dismissed.

The reasoning of the Court focused on the interpretation of the text messages and the overall assessment of the drug manufacturing operation's scale and commerciality. The Court upheld the Judge's findings regarding the quantities of methamphetamine manufactured, emphasizing that the Judge was best placed to assess the evidence presented during the lengthy trial. The Court further found that the uplift for aggravating factors was appropriately applied, considering the additional charges and the persistent nature of the offending. Finally, the Court agreed with the Judge's decision not to discount for remorse, as the appellants did not express genuine remorse. Therefore, the Court concluded that the sentences were not manifestly excessive and dismissed the appeals.