JARDEN v R SC 14/2008 [28 August 2008]

IN THE SUPREME COURT OF NEW ZEALAND

SC 14/2008
[2008] NZSC 69

JONATHAN NUKI LUMMIS JARDEN

THE QUEEN

Hearing: 27 May 2008
Court: Elias CJ, Blanchard, Tipping, McGrath and Wilson JJ
Counsel: R G Glover for Appellant A Markham and M E Ball for Crown
Judgment: 28 August 2008

JUDGMENT OF THE COURT

A Appeal allowed.

B Sentence of three years’ imprisonment quashed.

C Sentence of two years six months’ imprisonment substituted.

REASONS

(Given by Wilson J)

Introduction

[1] Mr Jarden appeals by leave against a sentence of three years’ imprisonment imposed on him after he had been found guilty by a jury on one count of conspiring to supply methamphetamine. Leave to appeal was granted not because the appeal raised any question of general importance but on the unusual ground that the Court of Appeal appeared to have applied the wrong guideline judgment, and taken into account matters which should not have been given weight, when dismissing an appeal by Mr Jarden against his sentence.1 It was therefore necessary for this Court to consider whether a miscarriage of justice may have resulted.

...

See... Judgment (PDF)

© Scoop Media