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R v McGrath [2018] NZDC 12104

Published 17 January 2019

Sentencing — methamphetamine manufacturing — possession of equipment for manufacturing methamphetamine — R v Fatu [2006] 2 NZLR 72. The defendant, Mr McGrath, appeared before the Court for sentencing on one charge of manufacturing methamphetamine, two charges of possessing equipment capable of being used in the manufacture of methamphetamine with intention that it be so used, one charge of possession of a .22 calibre pistol and one charge of possession of explosives, namely .22 calibre bullets. He also pleaded guilty at the commencement of the jury trial to a further charge of possession of equipment for the manufacture of methamphetamine. Over a seven month period, the defendant manufactured an unknown quantity of methamphetamine in his garage until the police executed a drugs search warrant on the property. Parked outside the main double garage at the property was a ute belonging to the defendant. Inside the ute were two parr bombs, common to methamphetamine manufacturing in New Zealand. One of the parr bombs had methamphetamine residue in it. Other equipment containing traces of methamphetamine were also found at the property. Also in the garage police located a .22 calibre revolver, and several live .22 rounds of ammunition. The defendant had various previous convictions, including two drug related convictions. He also stated that he was addicted to methamphetamine at the time of this offending; however in his pre-sentence report, the police acknowledge his exceptional compliance with the reporting requirements and the positive signs of his commitment to rehabilitation. In determining the sentence, the Judge noted that deterrence is a primary consideration in a case like this and that this case falls into the lower end of Band 2 offending, per R v Fatu, meaning a starting point of four years' imprisonment. The Judge then imposed an uplift of six months for the pistol and ammunition and a three month reduction for the good prospects of rehabilitation. The final sentence was four years and three months' imprisonment, with a concurrent six month sentence for the pistol and ammunition and one year's imprisonment for possession of equipment. Judgment Date: 18 June 2018.