| IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA |
| CA657/2019 [2021] NZCA 128 |
| BETWEEN | DAVID WAYNE WRATT |
| AND | THE QUEEN |
| Hearing: | 17 February 2021 |
Court: | Gilbert, Mallon and Edwards JJ |
Counsel: | E J Forster for Appellant |
Judgment: | 22 April 2021 at 3 pm |
JUDGMENT OF THE COURT
AThe application for an extension of time to appeal is granted.
BThe appeal against sentence is dismissed.
____________________________________________________________________
REASONS OF THE COURT
(Given by Mallon J)
Introduction
Mr Wratt was charged with importing methamphetamine.[1] The representative charge related to four packages of methamphetamine which Mr Wratt had arranged through the “Dark Web” to be sent under false names to his address or nearby addresses. The total quantity of methamphetamine imported in this way was 452 g over a five-month period. All four packages were intercepted by the New Zealand Customs Service (Customs) and linked to Mr Wratt.
[1]Misuse of Drugs Act 1975, s 6(1)(a) and (2)(a); maximum penalty of life imprisonment.
Mr Wratt pleaded guilty and was sentenced on 11 November 2019 to six years and nine months’ imprisonment.[2] He appeals his sentence as manifestly excessive. He says that the starting point for his offending was too high because his role was wrongly characterised as “leading” in terms of the indicia set out in Zhang v R.[3] He also says his attention deficit hyperactivity disorder (ADHD) warranted a higher discount.
[2]R v Wratt [2019] NZDC 22470 [Sentencing judgment].
The notice of appeal was filed a few days out of time. Mr Wratt has explained that he gave instructions to his lawyer to appeal promptly but there were delays in the mail system. The Crown does not oppose an extension of time. We consider an extension is appropriate in the circumstances and grant the application accordingly.
Background
The first importation concerned a package sent from the United States. Mr Wratt used a false name for the addressee and gave his home address in Napier for delivery. The package was intercepted by Customs on 8 September 2017. It was found to contain approximately 236 g of methamphetamine. In collaboration with police, Customs replaced all but 10 g of methamphetamine with a substitute material.
The package was then delivered on 18 September 2017 by courier to Mr Wratt’s home address. An associate answered the door and signed for the package. Shortly after this, Mr Wratt and his associate drove away in Mr Wratt’s car with the package. Mr Wratt, who was driving the car, told his associate to open the package. A tamper alarm inside the package alerted the police and they attempted to stop the car. Mr Wratt and his associate were apprehended after a short pursuit.
Mr Wratt was bailed to a Dunedin address on 20 October 2017. He arranged for the importation of three further packages while on bail:
(a)A…
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- Wratt v R [2021] NZCA 128
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- [2021] NZCA 128
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