| IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA |
| CA414/2020 [2020] NZCA 584 |
| BETWEEN | LUKE JAMES TAYLOR |
| AND | THE QUEEN |
| Hearing: | 11 November 2020 |
Court: | Courtney, Woolford and Mander JJ |
Counsel: | E P Priest and P D Wilks for Appellant |
Judgment: | 23 November 2020 at 3 pm |
JUDGMENT OF THE COURT
ALeave to file an affidavit in support of the application for an extension of time to file an appeal is granted.
BThe application for an extension of time to file an appeal is declined.
____________________________________________________________________
REASONS OF THE COURT
(Given by Mander J)
On 2 February 2015, Luke Taylor was sentenced to six and half years’ imprisonment on four charges of importing methamphetamine, one of conspiring to import methamphetamine and one of possessing that drug for supply.[1] On 29 July 2020, he gave notice that he wished to appeal that sentence on the basis that it was manifestly excessive. Mr Taylor alleged that the sentencing Judge failed to apply appropriate discounts for cultural and personal factors to be set out in a report that would be prepared for the appeal under s 27 Sentencing Act 2002, and in recognition of his youth.
Background
[1]R v Taylor [2015] NZDC 1412.
The charges of importation, conspiracy and possession of methamphetamine for supply related to four importations of the drug through the mail between February and April 2014. Mr Taylor admitted that the first importation was of 160 g of methamphetamine. This was consistent with the amount located when the fourth shipment was intercepted by Customs. The quantities imported as a result of the second and third shipments could not be ascertained and the sentencing Judge proceeded on the basis that at least 320 g had been imported. It was, however, reasonable to assume that a greater amount of methamphetamine had been imported.
Sentencing in the District Court
Mr Taylor received a sentence indication from Judge Thomas on 3 December 2014. Applying the guideline judgment of this Court that applied at the time, R v Fatu, it was determined that the offending fell within band three and that a starting point of nine years’ imprisonment was appropriate.[2] A full discount of 25 per cent was extended for the guilty pleas, which resulted in an indicated end sentence of six years and nine months’ imprisonment.
[2]R v Fatu [2006] 2 NZLR 72 (CA) at [36].
At sentencing, Judge Thomas addressed the issue of whether there was room for any additional discount. Mr Taylor’s grandfather had addressed the Court about Mr Taylor’s background. The Judge described the information that had been provided in the following way:[3]
I have heard this morning from Mr Koroko, your grandfather, on your behalf. He detailed the difficult circumstances you had as a child and through your teens, the opportunities that you have missed out on and the problems that you and your family have had balancing your care with your needs and the…
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- AGLC
- Taylor v R [2020] NZCA 584
- Case
- [2020] NZCA 584
- Decision Date
CaseChat Overview and Summary
The Court of Appeal declines the application for leave to appeal out of time.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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