R v Guthrie

Case

[2013] NZHC 1783

16 July 2013


Details
AGLC Case Decision Date
R v Guthrie [2013] NZHC 1783 [2013] NZHC 1783 16 July 2013

CaseChat Overview and Summary

In the case of R v Guthrie, the defendant, Ms. Guthrie, was sentenced for five charges to which she pleaded guilty. These charges included the supply of a Class A controlled drug, methamphetamine, and the supply of a precursor substance, pseudoephedrine. The court also considered the possession of methamphetamine for supply, possession of a precursor substance, and unlawful possession of a firearm. The court was required to decide on an appropriate sentence that would deter both the defendant and others from engaging in such activities while considering the totality of her offending and personal circumstances.

The court began by determining the starting point for the sentence, focusing on the most serious charge, possession of methamphetamine for supply. The court found the appropriate starting point to be between 5 ½ to 6 years' imprisonment. The court then considered other charges and agreed with the Crown's suggestion of an uplift of 2 years, resulting in a starting point of 7 ½ years' imprisonment. The court adjusted this starting point by increasing it by 6 months due to the defendant's prior related drug offending and reducing it by 25 to 30 percent for personal and other matters, such as her guilty plea. The final sentence imposed was 4 years and 10 months' imprisonment, to be served concurrently.

The final orders included the forfeiture of all cash found during the police search, except for $17,000 net, which the court deemed not to result from the defendant's offending. The court also ordered the destruction of the firearm and any drugs or related paraphernalia seized during the search.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Criminal Liability

  • Sentencing

  • Possession for Supply

  • Unlawful Possession of a Firearm

  • Supply of Controlled Substances

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Most Recent Citation
R v McKinley [2017] NZHC 834

Cases Citing This Decision

4

R v McKinley [2017] NZHC 834
R v Rewita [2016] NZHC 2523
R v McKinley [2017] NZHC 834
Cases Cited

1

Statutory Material Cited

0

R v Guthrie [2008] NZCA 439
R v Guthrie [2008] NZCA 439