R v Arthur Mohi [2016] NZDC 3707

Published 31 July 2016

Sentencing — conspiracy to supply methamphetamine — “minder” for methamphetamine courier — Fatu v R, [2006] 2 NZLR 72 (CA) — variation from sentencing indication — guilty plea — offending whilst on bail. Defendant sentenced to five years and nine months’ imprisonment for methamphetamine related charges. Four years and six months’ imprisonment for acting as the “minder” of a methamphetamine courier and 15 months’ imprisonment for a charge of conspiring to supply. Offending fell within band two of the tariff case Fatu v R (where the Court of Appeal suggested various bands to categorise methamphetamine dealing). Having regard to the totality principle, the final sentence includes a reduction for the defendant’s guilty plea, tempered by the fact the defendant did not accept the original sentencing indication and makes no uplift for the fact that the offending occurred whilst the defendant was on bail. The end charge differs from the sentencing indication as it was varied from one of possession for supply to conspiring to supply (which holds a lesser maximum penalty).