… leave to appeal by the Solicitor-General concerning the suspension of sentences of
imprisonment for cultivation of cannabis and possession of cannabis for supply.
At sentencing the Judge held the cultivation was at the lower end of category two R v …
… all and obviously
the principles of consistency and predictability and so on do have a place.
It’s the extent to which they are to be used and in my submission if we are
going to have them, and we do have them, and we have had them now from 10
…
… Fogarty J specifically did not apply Fatu to this exercise. As noted
in [37] he treated Mr Jarden as a commercial drug dealer, at the very least in
cannabis, and to some degree in methamphetamine.
[45] Applying the Judge’s approach, on the basis of …
… acknowledges mental illness may be relevant but says it’s a double-edged sword.78
Mental illness can make an offender more dangerous and require a longer period of
incapacitation.79
69 Carr v R [2020] NZCA 357.
70 See especially at [66].…
… a starting point in the range five to eight years. For smaller operations, but representing
commercial dealing, starting points of up to five years are appropriate.
COURT OF APPEAL: 1999 ANNUAL REPORT
34
• Cannabis cultivation
In R v Terew…
… background factors tend to be reflected in repeat offending. Sentencing
judges generally understand this and the need for patience. But we accept that at some point other
sentencing principles however will take over.
106 See, for example, R v…