Published 23 November 2023
Sentencing — unlawful possession of firearms — possession of firearms without licence — firearms trading — R v Finlayson [2020] NZHC 1892 — Moore v R [2019] NZCA 205. Three defendants appeared for sentence on charges of unlawful possession of firearms. They had all been separately contacted by a third party, who asked them to buy a large quantity of firearms and ammunition on his behalf. Once the defendants completed the purchases, the third party sent the guns and ammunition to Auckland, where they were used in gang warfare. The Court considered that the defendants must have known that the guns and ammunition were to be used for some illegal purpose. The start point for sentence for the first defendant was three years' imprisonment, and after discounts for guilty plea, remorse and addiction factors his final sentence was seven months' home detention. For the second defendant the start point was three years two months' imprisonment, and he got discounts for guilty plea, remorse and personal circumstances for a final sentence of 10 months' home detention. The third defendant had a start point of three years' imprisonment, which was reduced for guilty plea, remorse, and youth and personal factors. His final sentence was six months' home detention. Judgment Date: 19 May 2023
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