ORDER PROHIBITING PUBLICATION OF NAME(S), ADDRESS(ES), OCCUPATION(S) OR IDENTIFYING PARTICULARS OF APPELLANT PURSUANT TO S 200 CRIMINAL PROCEDURE ACT 2011. SEE
IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY
I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE
CRI-2024-409-106 CRI-2024-409-107 CRI-2024-409-108
[2024] NZHC 2632
BETWEEN K
Appellant
AND
THE KING
Respondent
Hearing: 11 September 2024 Appearances:
R J T George for Appellant G L Collett for Respondent
Judgment:
11 September 2024
ORAL JUDGMENT OF EATON J
This judgment was delivered by me on …….. at ……… pursuant to Rule 11.5 of the High Court Rules
Registrar/Deputy Registrar Date:
K v R [2024] NZHC 2632 [11 September 2024]
Introduction
[1] K pleaded guilty to offering to supply methamphetamine (representative);1 offering to supply cannabis;2 possession of methamphetamine for supply;3 possession of cannabis for supply;4 possession of a cannabis pipe,5 possession of a firearm;6 two charges of possessing ammunition;7 two charges of using a document for pecuniary advantage;8 and failing to comply with obligations under the Search and Surveillance Act 2012.9 On 27 March 2024 he was sentenced by Judge Gilbert to three years and six months’ imprisonment.
[2]K appeals his sentence. He says it was manifestly excessive.
The facts
[3] In April 2021, K made two purchases (valued at $100 in total) using a stolen debit card.
[4] The police executed a search warrant at K’s residence in August 2021. They found scales, small plastic bags, ‘tick lists’, and rounds of ammunition. K’s phones were seized and examined, and telco data revealed he had been supplying methamphetamine between January and August 2021. He had also offered to supply an ounce of cannabis. In total he had offered to supply or supplied approximately
26.5 grams of methamphetamine.
[5] In October 2022, police located at K’s address a homemade modified pistol, 127 rounds of .22 calibre ammunition, 3.7 grams of cannabis plant, a glass bong, and
8.85 grams of methamphetamine. Further, scales, two empty point bags, tick lists,
1 Misuse of Drugs Act 1975, s 6(1)(c) and 6(2)(a). Maximum penalty: life imprisonment.
2 Misuse of Drugs Act 1975, s 6(1)(e) and 6(2)(c). Maximum penalty: eight years’ imprisonment.
3 Misuse of Drugs Act 1985, s 6(1)(f) and 6(2). Maximum penalty: life imprisonment.
4 Misuse of Drugs Act 1975, s 6(1)(f) and 6(2)(c). Maximum penalty: eight years’ imprisonment.
5 Misuse of Drugs Act 1975, s 13(1)(a) and 13(3). Maximum penalty: one year’s imprisonment or a fine not exceeding $500.
6 Arms Act 1983, s 45(1). Maximum penalty: four years’ imprisonment or a fine not exceeding
$5,000.
7 Arms Act 1983, s 22B. Maximum penalty: a fine not exceeding $10,000.
8 Crimes Act 1961, s 228(1)(b). Maximum penalty: seven years’ imprisonment.
9 Search and Surveillance Act 2012, s 178. Maximum penalty: three months’ imprisonment.
$670 cash and a cannabis grinder were located. During the search, K failed to provide PIN codes for his cell phone and iPad.
Sentencing decision
[6] Judge Gilbert, in sentencing K, took a starting point of three years and six months’ imprisonment for…
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- K AND THE KING [2024] NZHC 2632
- Case
- [2024] NZHC 2632
- Decision Date
CaseChat Overview and Summary
The court noted that K had pleaded guilty to multiple charges, including offering to supply methamphetamine, offering to supply cannabis, possession of methamphetamine and cannabis for supply, possession of a cannabis pipe, possession of a firearm, possession of ammunition, and failing to comply with obligations under the Search and Surveillance Act 2012. The sentencing judge imposed a sentence of three years and six months' imprisonment, which K argued was manifestly excessive.
The court first addressed the issue of the time K spent on electronically monitored (EM) bail, noting a mathematical error in the sentencing judge's calculation. The court agreed that the sentence must be corrected to reflect the accurate number of days K spent on EM bail. After reviewing the evidence, the court concluded that a six-month deduction was appropriate to account for the time spent on EM bail. The court then considered the credit K should receive for his assistance to the authorities. While acknowledging that K had provided valuable information that led to the recovery of firearms and ammunition, the court determined that the level of credit for assistance should not exceed 20 per cent. This conclusion was reached considering the limited risk K faced from the information he provided and the value of the information compared to cases where higher discounts were awarded.
Taking into account the corrections for the time spent on EM bail and the credit for assistance to authorities, the court determined that the appropriate sentence should be two years and three months' imprisonment. The court also granted a permanent order for the suppression of K's name due to the real risk to his safety arising from the information he provided to the authorities.
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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