Skip to content. | Skip to navigation


Navigation

Document Actions

R v Cutler [2019] NZHC 2737

25 October 2019

Decision

PDF document icon SRC.pdf — PDF document, 91 KB (93228 bytes)

Summary

Sentence - Mr Cutler is charged with dealing 10.2 kg of methamphetamine. He was in a logistical role, taking delivery of the methamphetamine concealed in packages delivered from overseas, transporting it to others and taking cash in return. This is the first sentencing since the Court of Appeal released its new guideline judgment for methamphetamine sentencing. Held: the quantity of drugs made this band 5 offending.  Mr Cutler's role was at the minor end of the "significant" role described by the Court of Appeal, as he was not merely a mule, his role involved some autonomy, but he was operating under instructions and had no management function or influence in the supply chain. This justifies a starting point of 12 years' imprisonment. He warrants discounts for personal mitigating features of 20 per cent, being for prospects of rehabilitation, hardship due to being imprisoned in a foreign country, and for remorse.  He is entitled to a 25 percent guilty plea. This brings the final sentence to seven years and two months' imprisonment.



Filed under: