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R v Tippett [2018] NZDC 4197

Published 15 February 2019

Sentencing — possession and supply of methamphetamine — possession and supply of cannabis — R v Fatu [2006] 2 NZLR 72 — R v Terewi [1999] 3 NZLR 62. The defendant appeared for sentencing on representative charges of supplying methamphetamine and possession of methamphetamine for supply, in addition to representative charges in respect to cannabis and a charge of unlawful possession of a firearm and unlawful possession of a pistol. The defendant was at work driving a truck when police stopped and searched him, finding drugs, cash, plastic containers and a "tick list" (that indicated the list of people who owed him money for drugs the defendant had supplied them). A subsequent search of the defendant's home turned up electronic scales, zip lock bags, a rifle with ammunition and a loaded sawn-off rifle in a car. An examination of the defendant's cellphone and Facebook page identified a long list of customers for methamphetamine and cannabis. The Judge applied R v Fatu to determine the methamphetamine offending fell into band 2, while applying R v Terewi to determine the cannabis offending was also band 2. The Judge adopted the starting point of six years' imprisonment, while indicating that the starting point could have been much higher. There was a three month uplift for previous drug dealing offending and a 25 percent discount for the defendant's guilty plea. The final sentence was four months and eight months, plus a forfeiture of $3356. Judgment Date: 6 March 2018.