R v Morunga
Case
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[2013] NZHC 1935
•2 August 2013
Details
AGLC
Case
Decision Date
R v Morunga [2013] NZHC 1935
[2013] NZHC 1935
2 August 2013
CaseChat Overview and Summary
Alfred William Morunga has been sentenced in the High Court of New Zealand after pleading guilty to possession of cannabis for supply. The maximum penalty for this offence is eight years' imprisonment. The police executed a search warrant at Morunga's home in Papakura, where they found cannabis packaged in foil tins. Morunga admitted to throwing the tins over the fence to his neighbour and confessed to selling cannabis to people he knew. The court was required to consider the purposes and principles of the Sentencing Act, including making Morunga accept responsibility for his actions, deterring him and others from similar offending, and denouncing this sort of offending. The court also had to consider his rehabilitation and reintegration into the community, the gravity of the offending, and relevant authorities to ensure consistency with other sentences imposed for similar offending. The Crown suggested a starting point of two years' imprisonment, while the defence argued for a community-based sentence. The court accepted the starting point of 18 months' imprisonment, adding an uplift of three months for the fact that this offending occurred while Morunga was subject to other sentences of the court. The court took into account Morunga's personal mitigating factors, such as his recent completion of Stopping Violence and parenting programmes, but noted that these did not address his drug-related offending. The court fixed the reduction at 20% for Morunga's plea and acknowledgement of his offending, which was not entered at the earliest opportunity. The final sentence was 16 months' imprisonment. The court considered other sentencing options, such as home detention and supervision and community work, but ultimately decided that imprisonment was the only appropriate option given the nature and extent of Morunga's offending.
In conclusion, Alfred William Morunga has been sentenced to imprisonment for one year and four months for possession of cannabis for supply. On release, he is to attend an alcohol and drug assessment and any other assessments for counselling or programmes as directed by his probation officer and to complete any programmes to the satisfaction of the probation officer and programme provider. This condition is to expire on the sentence expiry date. There will also be an order for the destruction of the cannabis.
In conclusion, Alfred William Morunga has been sentenced to imprisonment for one year and four months for possession of cannabis for supply. On release, he is to attend an alcohol and drug assessment and any other assessments for counselling or programmes as directed by his probation officer and to complete any programmes to the satisfaction of the probation officer and programme provider. This condition is to expire on the sentence expiry date. There will also be an order for the destruction of the cannabis.
Details
Key Legal Topics
Areas of Law
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Criminal Law
Legal Concepts
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Sentencing
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Deterrence
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Rehabilitation
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Mens Rea & Intention
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Unjust Enrichment
Actions
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Citations
R v Morunga [2013] NZHC 1935
Most Recent Citation
Fearnley v The Queen [2016] NZHC 2395
Cases Citing This Decision
6
Williams v Police
[2016] NZHC 3052
Fearnley v The Queen
[2016] NZHC 2395
Turnbull v Police
[2015] NZHC 147