R v Shun Yuen [2016] NZDC 4148

Published 16 August 2016

Sentencing — importation of methamphetamine — conspiracy to supply methamphetamine — possession of methamphetamine for supply — R v Fatu [2006] 2 NZLR 72 (CA) — Hessell v R [2010] NZSC 135, [2011] 1 NZLR 607 — BB v R [2013] NZCA 139. A 19 year old defendant was sentenced to five years and eight months’ imprisonment on charges of methamphetamine importation, supply and conspiracy to supply. Offending fell within band 4 of Fatu thus warranting a starting point of 14 years’ imprisonment. The defendant received significant discounts for his youth and naivety, early guilty plea and other factors. The maximum discount for youth (40 percent) was given in accordance with BB v R. No extra credit was given for the defendant’s “extraordinary remorse” beyond the discount already allowed for his guilty plea (Hessell distinguished). The Judge was satisfied that the full 25 percent discount for the defendant’s guilty plea sufficiently acknowledged that remorse.