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R v Ashby [2018] NZDC 12622

Published 24 May 2019

Sentencing — manufacturing methamphetamine for supply — R v Fatu [2006] 2 NZLR 72 — R v Cheung [2017] NZHC 914. The defendant appeared for sentence on charges relating to manufacturing methamphetamine for supply. He ran a methamphetamine lab from his house, where 52.2 grams of methamphetamine was found along with $109,000 in cash. The Court found that the offending fell into the middle of band 2 of R v Fatu, given the existence of the equipment and material at the defendant's house, the fact that it was set up in a hidden room, and the amount of money and methamphetamine found. The starting point for sentence was seven years. The Court elected not to uplift the sentence for the defendant's relevant previous convictions, and applied a nine-month discount for the defendant's commitment to his family and his age (61).The final sentence was six years three months. Judgment Date: 22 June 2018.