Cheung v R - [2021] 3 NZLR 259

Criminal law — Sentencing — Sentence appeal — Appellant convicted for importing methamphetamine sentenced to term of imprisonment with minimum period — Sentencing guideline cases considered — Whether sentence was manifestly excessive — Whether sentence starting point within range of guideline judgment — Whether discounts reasonable — Whether minimum period of imprisonment required — Sentencing Act 2002 ss 7, 8, 9 and 86.

Criminal law — Sentencing — Application extend time for filing of appeal — Approach to be taken — Necessity to balance public interest in finality with the appellant’s interest — Merit alone insufficient — Need to explain delay.

Criminal law — Sentencing Appeal — Retrospective application of sentencing guideline judgment — Whether declaratory theory applies — Court has jurisdiction to make guideline judgment prospective — Application of guidelines limited to sentences yet to be imposed — Sentence using previous methodology not necessarily wrong — Criminal Procedure Act 2011 s 248.