Crouch v Police

The case of Crouch v Police, heard by the High Court of New Zealand, involved an appeal by Mr. Gregory Crouch against his sentence. Mr. Crouch was sentenced to two years and eight and a half months’ imprisonment for various charges, including possession of cannabis for supply, unlawful possession of a firearm, possession of methamphetamine, and failing to carry out obligations in relation to a computer search. The appeal challenged the starting point for the possession of cannabis for supply, the firearms uplift, the Judge’s reference to Mr. Crouch’s history of violence, the consideration of Mr. Crouch’s significant drug addiction, and the nature of his drug dealing. The Crown argued that the sentence was proportionate and not manifestly excessive.

The court first examined the starting point for the possession of cannabis for supply. The Judge had correctly categorised the cannabis offending within band two of R v Terewi, setting a starting point of two years’ imprisonment. The court found that the Judge’s assessment was appropriate despite the appellant's arguments suggesting a lower starting point. The court then considered the firearms uplift, concluding that the 12-month uplift was within the appropriate range, particularly in the context of drug dealing. The court dismissed the argument that the Judge had placed undue weight on Mr. Crouch’s history of violence. Regarding Mr. Crouch’s drug addiction, the court found that the five per cent discount applied was within the appropriate range. The court also noted an arithmetical error in the Judge’s calculation of the final sentence, correcting it to two years six and a half months’ imprisonment. Consequently, the appeal was allowed to correct the sentence, but dismissed in all other respects.