IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CRI-2019-404-404
[2020] NZHC 1043
BETWEEN KINGI BEAU MANUKA
Appellant
AND
THE QUEEN
Respondent
Hearing: 18 May 2020 Appearances:
G Duff for the Appellant
M Davie for the Respondent
Judgment:
19 May 2020
JUDGMENT OF GORDON J
This judgment was delivered by me on 19 May 2020 at 3.00 pm
Registrar/Deputy Registrar Date:
Solicitors: Crown Law, Wellington
Q Duff, Auckland
MANUKA v R [2020] NZHC 1043 [19 May 2020]
[1] The appellant, Kingi Manuka, appeals against a sentence of three years and three months’ imprisonment imposed following his guilty pleas to charges for dealing in methamphetamine, cannabis and cannabis oil. The charges were:
(a)offering to supply a class A drug (methamphetamine);1
(b)possession of a class A drug (methamphetamine);2
(c)possession of utensils for consumption of methamphetamine;3
(d)offering to supply a class B drug (cannabis oil);4
(e)offering to supply a class C drug (cannabis);5
(f)possession of a class C drug (cannabis);6 and
(g)possession of utensils for consumption of cannabis.7
Factual background
[2] Mr Manuka offered methamphetamine, cannabis and cannabis oil by way of text messages in the period from 1 January 2017 to 1 February 2017:
(a)He offered methamphetamine for sale on no less than 84 occasions. The methamphetamine was offered in various sizes ranging from
0.1 grams to 1.0 grams with a retail value of between $50 and $1000. In the course of the 84 offers, Mr Manuka offered no less than nine grams of methamphetamine;
1 Misuse of Drugs Acts 1975, ss 6(1)(c) and 7(2)(a) (maximum penalty: life imprisonment).
2 Misuse of Drugs Acts 1975, ss 7(1)(a) and (2) (maximum penalty: six months’ imprisonment, a
$1000 fine, or both).
3 Misuse of Drugs Act 1975, ss 13(1)(a) and (3) (maximum penalty: one year’s imprisonment, a
$500 fine or both).
4 Misuse of Drugs Act 1975, s 6(1)(c) (maximum penalty: 14 years’ imprisonment).
5 Misuse of Drugs Act 1975, s 6(1)(e) (maximum penalty: eight years’ imprisonment).
6 Misuse of Drugs Act 1975, ss 7(1)(a) and (2) (maximum penalty: three months’ imprisonment, a
$500 fine or both).
7 Misuse of Drugs Act 1975, ss 13(1)(a) and (3) (maximum penalty: one year’s imprisonment, a
$500 fine or both).
(b)Mr Manuka offered cannabis for sale on no less than 28 occasions. The cannabis was offered for sale in one gram amounts retailing for $20 each. The 28 offers involved no less than 57 grams (2.1 ounces) of cannabis; and
(c)Mr Manuka offered cannabis oil for sale on no less than four occasions. It was offered for sale in one capsule amounts which retailed for $40 each. The four offers involved cannabis oil valued at a total of $160.
[3] On 4 April 2017, the police executed a search warrant at Mr Manuka’s home address. In the kitchen they located a snaplock bag containing 0.98 grams of cannabis head, a small bag containing 0.04 grams of methamphetamine and a bong used for the consumption of cannabis. In Mr…
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- Manuka v The Queen [2020] NZHC 1043
- Case
- [2020] NZHC 1043
- Decision Date
CaseChat Overview and Summary
The Court found that the starting point of three years and four months' imprisonment was too high and reduced it to two years and four months' imprisonment. The Court also found that the reduction in the guilty plea discount was appropriate, given Manuka's failure to appear for sentencing. The Court ultimately substituted the original sentence with a sentence of two years and four months' imprisonment. The appeal was allowed, and the original sentence was quashed.
Orders
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Decision
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