R v Cullen

In the High Court of New Zealand, Stevie Cullen and Selaima Fakaosilea were sentenced for importing a Class A controlled drug, methamphetamine, and participating in an organised criminal group. The court had to determine the appropriate sentence, considering the nature of the crime, the roles of the defendants, and their personal circumstances. The court established a preliminary starting point for sentencing, based on the seriousness of the crime and the roles of the defendants. It then adjusted the starting point to account for the defendants' roles, personal circumstances, and parity with co-offenders. The court also considered imposing a minimum period of imprisonment (MPI) to ensure accountability, denunciation, and deterrence.

For Stevie Cullen, the court determined that his culpability was similar to that of his co-offenders, and it set a preliminary starting point of life imprisonment. However, after considering Cullen's personal circumstances and the modest discount for mitigating factors, the court set a starting point of 30 years' imprisonment. The court then imposed a sentence of 27 years' imprisonment on the importing charge, with a minimum period of imprisonment of nine years. On the charge of participating in an organised criminal group, the court imposed a concurrent sentence of five years' imprisonment.

For Selaima Fakaosilea, the court also set a preliminary starting point of life imprisonment, but after considering her personal circumstances, it determined that a sentence of life imprisonment would be inappropriate. The court set a starting point of 28 years' imprisonment on the importing charge and adjusted it upwards to reflect the totality of her offending, resulting in a starting point of 29 years' imprisonment. After considering mitigating factors, the court set a sentence of 25 years' imprisonment on the importing charge. On the charge of participating in an organised criminal group, the court imposed a concurrent sentence of seven years' imprisonment.

The court imposed a minimum period of imprisonment of seven years for Selaima Fakaosilea, considering the principles of accountability, denunciation, and deterrence. The final sentences for both defendants were determined by taking into account their roles, personal circumstances, and the need to impose an appropriate sentence that reflects the seriousness of their offending.