IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY
I TE KŌTI MATUA O AOTEAROA KIRIKIRIROA ROHE
CRI-2025-419-000010
[2025] NZHC 1405
BETWEEN PETER ANDREW RUSSELL
Appellant
AND
THE KING
Respondent
Hearing: 27 May 2025 Appearances:
K W Burroughs for the Appellant J Lewis for the Respondent
Judgment:
30 May 2025
JUDGMENT OF GARDINER J
[Appeal against sentence]
This judgment was delivered by me on 30 May 2025 at 2.00 pm.
Registrar/Deputy Registrar
Solicitors:
Hamilton Legal, Hamilton
K W Burroughs, Barrister, Hamilton
RUSSELL v R [2025] NZHC 1405 [30 May 2025]
Introduction
[1] Peter Russell appeals Judge K M Tan’s decision sentencing him to two years and four months’ imprisonment,1 pursuant to his guilty plea on charges of supplying methamphetamine2 and possession of a knife in a public place.3
[2] On appeal, Mr Russell says the Judge erred in characterising him as falling within the ‘significant’ role which resulted in a manifestly excessive sentence. The Crown opposes the appeal.
The offending
[3] On 4 November 2024, Mr Russell’s vehicle was stopped by police. While speaking to him, police observed a 200-mm sheathed knife laying on the passenger seat.
[4] Police executed a warrantless search for offensive weapons in the vehicle. A syringe was found in the centre console and police began searching for drugs. During the search, police also found 10 zip-lock bags of a crystalline substance, believed to be methamphetamine, as well as $2895 in cash. The bags contained approximately 34.77 g of methamphetamine and the packaging indicated sale and supply.
[5]Police also located two police scanners and two cell phones.
Decision on appeal
[6] The Judge took the methamphetamine charge as the lead offending and identified that it fell within band 2 of Zhang, due to the quantity involved.4 However, the Judge noted that culpability is not assessed with reference to quantity alone — she would have to assess whether Mr Russell’s role was in the lesser, significant, or leading category.5
1 R v Russell [2025] NZDC 2468.
2 Misuse of Drugs Act 1975, s 6(1)(f) and (2). Maximum penalty: life imprisonment.
3 Summary Offences Act 1981, s 13A. Maximum penalty: three months’ imprisonment.
[7] The Judge considered the submission for Mr Russell that, because his offending was solely driven by his addiction, he fell within the lesser category of culpability. The Judge recognised that addiction was certainly a factor but could not discount that commerciality was involved. As highlighted by the Crown, this was demonstrated by the scanners, cell phones, money and packages that were found in the police search.
[8] Accordingly, the Judge adopted a starting point of three years’ imprisonment, having regard to cases of a similar nature.6 An uplift of two months was then imposed for the knife charge, which resulted in an adjusted starting point of 38 months.
[9] The Judge proceeded to consider personal aggravating and…
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