IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CRI-2017-404-277
[2019] NZHC 1351
THE QUEEN v
NADINE GELDARD
Hearing: 14 June 2019 Appearances:
S Teppett for the Crown M Ryan for the Defendant
Sentence:
14 June 2019
SENTENCING REMARKS OF GORDON J
Solicitors: Crown Solicitor, Auckland Counsel: M Ryan, Auckland
R v GELDARD [2019] NZHC 1351 [14 June 2019]
Introduction
[1] Ms Geldard, you appear for sentence having pleaded guilty to a representative charge of supplying 10 to 15 grams of methamphetamine.1 The maximum penalty is life imprisonment.2
[2] The facts of your offending are set out in my sentence indication. I will not repeat them here. My sentence indication will be attached to these remarks and form part of them. In short, you dealt in around 10 to 15 grams of methamphetamine with 13 individuals between 1 August 2015 and 31 March 2016.
Approach to sentencing
[3] Ms Geldard, sentencing involves three steps. First, I must set a starting point which reflects the gravity of your offending. Secondly, allowance is made for personal aggravating and mitigating factors. Finally, there is a discount for a guilty plea.
[4] In sentencing you today, I am required to take into account the purposes and principles of sentencing as contained in ss 7 and 8 of the Sentencing Act 2002.
[5] In particular, I must impose a sentence which: holds you accountable for the harm methamphetamine offending does to the community; promotes in you a sense of responsibility and acknowledgement of that harm; denounces your conduct; and deters you and any other person from committing similar offences in future. The sentence I impose must also reflect the gravity of your offending, the seriousness of this type of offending and the desirability of consistency with appropriate sentencing levels.
[6] On the other hand, I must be mindful of the need to assist in your rehabilitation and reintegration into the community. Accordingly, I must impose the least restrictive outcome that is appropriate in the circumstances.
1 Misuse of Drugs Act 1975, s 6(1)(c).
2 Section 6(2)(a).
Starting point
[7] In my sentence indication I said that a starting point of three years and two months’ imprisonment was appropriate in your case.
[8] R v Fatu is the applicable guideline judgment for sentencing for supply of methamphetamine.3 The starting point indicated is at the lower end of Band Two (five to 250 grams) of the R v Fatu bands. This is appropriate, taking into account the amount of methamphetamine involved, the moderate commercial nature of your offending and penalties in analogous cases (discussed in my sentence indication).
[9]There are no mitigating factors relevant to the offending.
Personal circumstances
[10] I have received the Provision of Advice to the Court (the PAC report), which was not available to me at the sentence indication.
Medical condition
[11] I first turn to your medical condition as a personal mitigating factor. This factor was discussed in my sentence indication. Given that…
Continue reading R v Geldard
Sign in free to access the full text
- AGLC
- R v Geldard [2019] NZHC 1351
- Case
- [2019] NZHC 1351
- Decision Date
CaseChat Overview and Summary
The court ordered that Geldard serve 12 months' home detention, subject to a number of conditions. These included that Geldard was not to possess or consume any non-prescription drugs or alcohol, and was to be subject to random testing. Geldard was also to be assessed for a substance abuse programme, including a residential programme if assessed as suitable. Additionally, Geldard was not to associate with or contact a particular individual without the prior written approval of a Probation Officer. The court's decision was based on a consideration of the purposes and principles of sentencing, as well as the personal circumstances of the offender.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.