R v Kingi
Case
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[2013] NZHC 2051
•13 August 2013
Details
AGLC
Case
Decision Date
R v Kingi [2013] NZHC 2051
[2013] NZHC 2051
13 August 2013
CaseChat Overview and Summary
In the case of R v Kingi, the defendant, Ike Wellington Kingi, appeared before the High Court of New Zealand in Whangarei for sentencing. Kingi had pleaded guilty to one count of supplying methamphetamine, six counts of offering to supply methamphetamine, and one count of possessing cannabis for the purpose of supply. The methamphetamine involved a total of 8 grams, and the cannabis amounted to 103.4 grams. The offending occurred between January and May 2010, and Kingi was a member of or had strong links to the Head Hunters motorcycle gang.
The primary legal issues the court had to address were determining the appropriate starting point for sentencing, considering Kingi's extensive criminal history and the nature of his offending, and evaluating the mitigating factors, particularly his efforts at rehabilitation. The court also had to consider the principle of consistency in sentencing, ensuring that Kingi's sentence aligned with other sentences for similar offending and that there was parity in the sentences of co-offenders.
The court acknowledged the destructive nature of methamphetamine and its significant impact on the community. It considered the sentencing guidelines, which suggested a starting point of two to four years for methamphetamine supply involving quantities up to five grams and two to four years for cannabis dealing. Given the total offending, the court chose a starting point of three years, adding three months to account for Kingi's criminal history. The court then applied a 40% credit for Kingi's rehabilitative efforts and remorse, reducing the sentence to one year and ten months. An additional 10% credit was given for his late plea of guilty, resulting in a final sentence of 12 months of home detention and 200 hours of community work. The court also ordered the forfeiture of $22,190 found in Kingi's possession.
In summary, the court imposed a sentence of 12 months home detention and 200 hours of community work on each charge, to be served concurrently. Kingi was also required to undertake specified programmes and refrain from alcohol and drug consumption during his sentence and for six months thereafter. The court commended Kingi for his significant rehabilitative efforts and expressed hope for his continued progress.
The primary legal issues the court had to address were determining the appropriate starting point for sentencing, considering Kingi's extensive criminal history and the nature of his offending, and evaluating the mitigating factors, particularly his efforts at rehabilitation. The court also had to consider the principle of consistency in sentencing, ensuring that Kingi's sentence aligned with other sentences for similar offending and that there was parity in the sentences of co-offenders.
The court acknowledged the destructive nature of methamphetamine and its significant impact on the community. It considered the sentencing guidelines, which suggested a starting point of two to four years for methamphetamine supply involving quantities up to five grams and two to four years for cannabis dealing. Given the total offending, the court chose a starting point of three years, adding three months to account for Kingi's criminal history. The court then applied a 40% credit for Kingi's rehabilitative efforts and remorse, reducing the sentence to one year and ten months. An additional 10% credit was given for his late plea of guilty, resulting in a final sentence of 12 months of home detention and 200 hours of community work. The court also ordered the forfeiture of $22,190 found in Kingi's possession.
In summary, the court imposed a sentence of 12 months home detention and 200 hours of community work on each charge, to be served concurrently. Kingi was also required to undertake specified programmes and refrain from alcohol and drug consumption during his sentence and for six months thereafter. The court commended Kingi for his significant rehabilitative efforts and expressed hope for his continued progress.
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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Sentencing
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Rehabilitative Efforts
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Late Plea of Guilty
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Home Detention
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Community Work
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Citations
R v Kingi [2013] NZHC 2051
Most Recent Citation
R v Haeata [2017] NZHC 959
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