R v Carnachan
Case
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[2019] NZHC 3025
•20 November 2019
Details
AGLC
Case
Decision Date
R v Carnachan [2019] NZHC 3025
[2019] NZHC 3025
20 November 2019
CaseChat Overview and Summary
Louis Iese Carnachan has been sentenced by the High Court of New Zealand for his involvement in methamphetamine manufacturing and conspiracy to supply methamphetamine, as well as attempting to pervert the course of justice. Carnachan evaded arrest for six years until his capture in 2018. The court considered the quantity of methamphetamine involved, which was 226.8 grams, placing it at the higher end of band 2 of the methamphetamine guideline judgment. Both the Crown and defence agreed that a starting point of six to seven years' imprisonment was appropriate for the methamphetamine charges. The court also considered the perverting charge, for which the Crown sought a sentence of two to three years' imprisonment, and the defence argued for one year. The court decided on a starting point of 18 months' imprisonment for the perverting charge.
The court took into account mitigating factors, such as Carnachan's addiction, which was accepted as a motivating influence in his offending. A discount of 25% was applied to the methamphetamine sentence only, and a further discount of 10% was applied to both sentences for the negative effects of Carnachan's upbringing and his rehabilitative prospects. The court also considered the guilty plea discount, ultimately deciding on a 15% discount for the late plea.
The final sentence was four years and five months' imprisonment for the methamphetamine charges, to be served concurrently, and one year and one month's imprisonment for the perverting charge, to be served cumulatively. Carnachan was sentenced to three years and four months' imprisonment for each of the four manufacturing charges, three years and four months' imprisonment for the conspiracy to supply charge, and 18 months' imprisonment for the possession of equipment charge.
The court took into account mitigating factors, such as Carnachan's addiction, which was accepted as a motivating influence in his offending. A discount of 25% was applied to the methamphetamine sentence only, and a further discount of 10% was applied to both sentences for the negative effects of Carnachan's upbringing and his rehabilitative prospects. The court also considered the guilty plea discount, ultimately deciding on a 15% discount for the late plea.
The final sentence was four years and five months' imprisonment for the methamphetamine charges, to be served concurrently, and one year and one month's imprisonment for the perverting charge, to be served cumulatively. Carnachan was sentenced to three years and four months' imprisonment for each of the four manufacturing charges, three years and four months' imprisonment for the conspiracy to supply charge, and 18 months' imprisonment for the possession of equipment charge.
Details
Key Legal Topics
Areas of Law
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Criminal Law
Legal Concepts
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Criminal Liability
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Sentence
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Addiction
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Jurisdiction
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Perjury
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Guilty Plea
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Mitigating Factors
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Cumulative Sentencing
Actions
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Citations
R v Carnachan [2019] NZHC 3025
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