R v Dewar

Garry Anthony Dewar has been convicted of participating in an organised criminal group, conspiracy to supply cannabis, and theft of electricity. The case was heard in the High Court of New Zealand, New Plymouth Registry. The court had to decide the appropriate sentence for Mr Dewar, considering his involvement in the criminal activities and his potential for rehabilitation. The legal issues included determining the appropriate starting point for sentencing, assessing Mr Dewar's culpability, and considering the overlap between the charges.

The court found that Mr Dewar's culpability was lower than that of his co-offenders, but still significant due to his role as the President of the Taranaki chapter of the Rebels motorcycle gang. The court decided that the appropriate starting point for the lead charge of participation in an organised criminal group was two years and two months' imprisonment. However, due to the short-term nature of the sentence, Mr Dewar was eligible for home detention. The court imposed a sentence of twelve months' home detention, with conditions including electronic monitoring, prohibition of alcohol and illicit drugs, and mandatory drug tests. The court also imposed conditions to allow Mr Dewar to continue working and to avoid contact with his co-offenders. The sentence aimed to balance the purposes of denunciation and deterrence with the potential for Mr Dewar's rehabilitation and reintegration into society.

The final orders of the court included a sentence of twelve months' home detention with specific conditions, and a direction that standard post-release conditions apply for a period of six months. The court declined to impose any special post-release conditions, finding no significant risk of further offending. The court encouraged Mr Dewar to take the opportunity to get his life back on track and respect the chance given to him.