IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY
I TE KŌTI MATUA O AOTEAROA KIRIKIRIROA ROHE
CRI-2025-419-000075
CRI-2025-419-000076 [2025] NZHC 2815
BETWEEN JASON EVANS
Appellant
AND
THE KING
Respondent
Hearing: 17 September 2025 Appearances:
J J Rhodes for Appellant
A S C Alcock for Respondent
Judgment:
26 September 2025
JUDGMENT OF WILKINSON-SMITH J
This judgment was delivered by me on 26 September 2025 at 11am.
………………………… Registrar/Deputy Registrar
Solicitors:
J Rhodes, Auckland
Hamilton Legal Ltd, Hamilton
EVANS v R [2025] NZHC 2815 [26 September 2025]
Introduction
[1] Jason Evans appeals against the sentence imposed by Judge A I M Tompkins in the District Court at Hamilton on 21 July 2025 in relation to:1
(a)one charge of cultivation of cannabis (representative);2
(b)one charge of manufacturing cannabis oil;3
(c)two charges of possession of an explosive (ammunition);4
(d)one charge of possession of prescription medicines (steroids);5
(e)one charge of unlawful possession of a firearm6
(f)one charge of possession of a prohibited magazine;7
(g)one charge of unlawful possession of a non-prohibited magazine or part;8
(h)one charge of possession of cocaine (simpliciter);9 and
(i)one charge of possession of methamphetamine (simpliciter).10
1 R v Evans [2025] NZDC 17724.
2 Misuse of Drugs Act 1975, s 9(1) and (2); maximum penalty seven years’ imprisonment.
3 Misuse of Drugs Act, s 6(1)(b) and (2)(b); maximum penalty 14 years’ imprisonment.
4 Arms Act 1983, s 45(1)(b); maximum penalty four years’ imprisonment and/or a $5,000 fine.
5 Medicines Act 1981, ss 43(1) and 78; maximum penalty three months’ imprisonment or a
$500 fine plus a further fine of $50 for every day or part-day during which the offence has continued.
6 Arms Act, s 45(1)(b); maximum penalty four years’ imprisonment and/or a $5,000 fine.
7 Arms Act, s 50B; maximum penalty two years’ imprisonment.
8 Arms Act, s 22A; maximum penalty $10,000 fine.
9 Misuse of Drugs Act, s 7(1)(a) and (2)(a); maximum penalty six months’ imprisonment
and/or a $1,000 fine.
10 Misuse of Drugs Act, s 7(1)(a) and (2)(a); maximum penalty six months’ imprisonment
and/or a $1,000 fine.
Background
[2] Mr Evans built a structure in the swamp lands surrounding Lake Waahi and resided there for at least three weeks while he tended to 1,000 cannabis plants which were separated into six different plots. This was an operation that he was involved in with others but Mr Evans was the only person charged in respect of the cultivation of these particular plants.
[3] In February 2022, police located the cannabis plants after a police helicopter flew over the area. That is the obvious risk with large cannabis plantations outdoors. A small plantation of only a few plants for personal use is unlikely to attract such attention.
[4] As a result, a search warrant was executed at Mr Evans’ address, locating a number of items including cannabis oil, steroids and ammunition.
[5] In 2025, while Mr Evans was on bail for the 2022 offending, a fire was discovered at his bail address. Police were alerted due to the fire being…
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- AGLC
- Evans v The King [2025] NZHC 2815
- Case
- [2025] NZHC 2815
- Decision Date
CaseChat Overview and Summary
The Court of Appeal examines the appropriateness of the starting point and uplifts, considering the guidelines set out in R v Terewi. The Court acknowledges that the two-year starting point for the cannabis cultivation was lenient and lower than the available range, but it finds that the overall sentence was not manifestly excessive. The Court also considers the nine-month uplift for the 2025 offending, noting that the possession of an unlawful firearm and associated drug possession charges warranted a modest uplift. The Court concludes that the sentence, when tested against the Moses methodology, falls within the available range.
The Court finds that the sentence is not manifestly excessive and dismisses the appeal. The overall sentence of two years and three months' imprisonment is considered appropriate, taking into account the seriousness of the offending, the need for denunciation and deterrence, and the discounts applied for personal mitigating factors and time spent on electronically monitored bail. The Court emphasizes the importance of consistency with more recent cases and the need to address the issue of rising gun violence.
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
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Ratio Decidendi
Legal Principle Established
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