Hall v R

Three appeals were brought against sentences imposed by the District Court in respect of the manufacture of methamphetamine and related crimes. The appeals were heard together and judgment was given by Cooper J of the Court of Appeal of New Zealand. The appellants argued that the sentences imposed were too severe and did not properly reflect their personal circumstances. The Court of Appeal accepted that the original sentences were too severe but disagreed with some of the arguments put forward by the appellants in support of their appeals. The appeals were allowed and new sentences were substituted.

Julian Donald Roberts, Jeffery James Hall and Tama Hatepe Watene-Toi were among a number of people charged in connection with a methamphetamine manufacturing operation discovered in a holiday house in Tutukaka. The appellants were sentenced to lengthy terms of imprisonment for the manufacture of methamphetamine and related offences. The appeals were heard together and the Court of Appeal noted that the principles set out in Zhang v R should be applied because the appeals were filed before the date of delivery of that judgment, and the application of the judgment would result in a more favourable outcome for the appellants. The Court of Appeal found that the starting points adopted by the sentencing Judge were too high in the cases of Roberts and Watene-Toi. The Court of Appeal also found that the appellants were not entitled to reductions in their sentences on the bases argued by their counsel. The appeals were allowed and new sentences were substituted.