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R v Wineera [2020] NZDC 8682

Published 14 December 2021

Sentencing — possession of methamphetamine for supply — supplying methamphetamine — cultivation of cannabis — unlawful possession of a pistol — unlawful possession of a prohibited firearm — unlawful possession of a prohibited magazine — possession of cannabis — receiving property with a value of over $1000 — receiving property with a value of under $500 — breaching community work — drug addiction — cultural report — Zhang v R [2019] NZCA 507 — R v Cutler [2019] NZHC 2737. The defendant appeared for sentence on a range of charges, including possession of methamphetamine for supply, supplying methamphetamine, and unlawful possession of a prohibited firearm (two AK-47 rifles, two pistols and ammunition). The charges arose from a police search of his address, which revealed the drugs and weapons along with $2690 in cash and significant items of stolen property, including two vehicles. The methamphetamine-related offending fell into the upper end of band 2 as established by R v Zhang. The Court set a start point of six years' imprisonment on these charges, uplifted by three years for the remainder of the offending and another nine months for previous offending. The Court gave discounts for drug addiction, remorse and guilty plea, for a final sentence of six years seven months' imprisonment. Judgment date: 15 April 2020. Note: this judgment has been appealed — see [2021] NZHC 900.