King v Police

Case [2025] NZHC 3142


IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE

CRI-2025-485-57

[2025] NZHC 3142

KONAN JOSEPH KING

v

NEW ZEALAND POLICE

Hearing: 21 October 2025

Counsel:

K Pascoe for Appellant P M Lange for Crown

Judgment:

21 October 2025


ORAL JUDGMENT OF GENDALL J

[Sentence appeal]


Introduction

[1]    On 28 July 2025, the appellant, Mr Konan King was sentenced to two years and six months’ imprisonment1 after pleading guilty to charges of offering to supply methamphetamine, a Class A drug,2 offering to supply GHB, a Class B drug,3 and possessing cannabis with intent to supply.4 Mr King appeals that decision on the basis that it was manifestly excessive. Mr King’s counsel, Ms Pascoe, argues that the Judge adopted an excessive starting point and gave insufficient allowance for Mr King’s guilty plea and personal circumstances, in particular his addiction to


1      New Zealand Police v King [2025] NZDC 19154 [Decision under appeal].

2      Misuse of Drugs Act 1975, s 6(1)(c) and (2)(a) and sch 1; maximum penalty of life imprisonment.

3      Sections 6(1)(c) and (2)(b) and sch 2; maximum penalty of 14 years’ imprisonment.

4      Section 6(1)(f) and (2)(c) and sch 3, and Crimes Act 1961, s 66(1); maximum penalty of eight years’ imprisonment.

KING v NEW ZEALAND POLICE [2025] NZHC 3142 [21 October 2025]

methamphetamine. Ms Pascoe suggests that the end sentence should be less than two years’ imprisonment.

Background

Offending

[2]    Mr King’s offending came to light after Police conducted a search that led to their review of his phone data in mid-2024. Between 14 February and 6 June 2024, Mr King offered methamphetamine to customers on nine occasions over text message and social media. In total, the Police estimate Mr King did deals relating to 18.75 grams of methamphetamine with a total street value of approximately $5,250—not accounting for  another three deals  with an unknown weight  and value.  Between  22 April and 25 May 2024, Mr King offer to supply GHB on three separate occasions, with one confirmed deal of 25mls completed.

[3]    On Friday 14 June 2024, the Police executed a search warrant at Mr King’s address, locating 64 grams of cannabis (some of which was packed into individual bags), empty point bags, numerous scales, and weights. Mr King’s partner at the time, XY, is the principal offender in respect of the possession of cannabis for supply.

[4]Mr King was on parole at the time of the offending.

Procedural background

[5]    Mr King was given a sentence indication on 25 November 2024 by the sentencing Judge, Judge Grieg. The Judge indicated that he saw the global starting point as being “a little bit more” than 38 months, but that even with discounts the end sentence would not be below two and a half years’ imprisonment.

[6]    Mr King declined the indication on 10 December 2024. On 14 January 2025, he sought a further adjournment to progress plea discussions. This led to the withdrawal of two minor charges5 and Mr…

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King v Police [2025] NZHC 3142
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[2025] NZHC 3142
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CaseChat Overview and Summary

Konan Joseph King appeals against his sentence of two years and six months' imprisonment, imposed after he pleaded guilty to charges of offering to supply methamphetamine, offering to supply GHB, and possessing cannabis with intent to supply. King argues that the sentence was manifestly excessive, asserting that the Judge adopted an excessive starting point and insufficiently considered his guilty plea and personal circumstances, particularly his addiction to methamphetamine. The Crown submits that the sentence was appropriate and within range.

The court found that the initial starting point of two years and nine months' imprisonment for the methamphetamine charge was not out of range. The court compared the case to Bailey v R, where a similar quantity of methamphetamine and a similar role in the offending resulted in a higher starting point of three years and three months' imprisonment. The court determined that the initial starting point in this case was justified, despite the generous uplift for the remaining drug charges.

The court also considered the discounts for King's guilty plea and personal circumstances. The court found that the 15 per cent discount for the guilty plea, while arguably stern, was not erroneous. The court acknowledged that King had been actively trying to resolve matters and pleaded guilty following the withdrawal of two minor charges. Regarding the 10 per cent discount for King's addiction issues and background, the court concluded that while the discount could have been higher, it was not out of range. The court recognised that the sentencing Judge had acknowledged King's addiction issues and upbringing as causative factors in his offending.

The court concluded that no error occurred in setting the global starting point or in assessing the applicable discounts. The end sentence was not manifestly excessive, and the appeal was dismissed.

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

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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