Goldsbury v The Queen

The appellants, Karl Rodney Goldsbury and David Ryan Carroll, appealed against their sentences in the High Court at Rotorua. Both were found guilty of conspiracy to manufacture methamphetamine at Katikati between 7 and 9 December 2012. Goldsbury was also convicted of supplying methamphetamine, supplying or possessing precursor substances, and attempting to pervert the course of justice. He was sentenced to ten and a half years imprisonment with a five year minimum period. Carroll was sentenced to three years and three months imprisonment. Goldsbury challenged the eight-year starting point and the imposition of the minimum period of imprisonment. Carroll’s appeal was based on the premise that if Goldsbury’s sentence was reduced, his should be reduced correspondingly. The central legal issue was whether there was sufficient evidence to support the Judge's finding as to the likely yield of methamphetamine, and if the sentence was manifestly excessive as a consequence.

The Court found that the Judge had thoroughly considered all relevant evidence and that his conclusions were amply justified. The equipment and materials found in Goldsbury’s possession suggested that he was capable of manufacturing methamphetamine on a scale likely to yield at least 250 grams. The Court distinguished this case from the earlier decision in Te Rure, as the evidence in Goldsbury's case was more definitive regarding the scale of manufacturing. The Court concluded that the Judge’s findings were entirely supportable and appropriately conservative. Goldsbury's appeal against sentence was dismissed. Carroll's appeal was also dismissed, as it was contingent on the outcome of Goldsbury's appeal.

The Court granted an extension of time for Carroll's appeal, which was filed out of time. The appeals by both Goldsbury and Carroll against their sentences were dismissed.