Convicted murderer appeals drug sentence

File photo / NZ Herald

Convicted murderer Dean Waka Nathan has appealed the sentence he got for dealing methamphetamine from inside Christchurch Men's Prison.

The Court of Appeal today reserved its decision but "tentatively" indicated a lower starting point might be considered.

Following a 2001 trial, Nathan is serving a life term for his part in the drive-by killing by Highway 61 members of Max Shannon, a Black Power rival.

The 43-year-old has since admitted charges of supplying methamphetamine and conspiracy from behind bars -- and the drug count also carries a maximum life term.

No cumulative sentence could be imposed on life imprisonment but the crown sought a minimum non-parole period to prove he had been wrong if he thought he "had nothing to lose".

Christchurch District Court Judge Philip Moran last year imposed a 20-year jail term with minimum non-parole that will delay Nathan's first parole hearing for at least five years.

Under that sentence, he will not be considered by the Parole Board until 2019.

Although accepting that there had to be an increase because his client had offended while a serving prisoner, defence counsel Tim Fournier contended that the full sentence was too high.

He told the Court of Appeal that he could not argue with a starting point of 14 "or even 16" years for the base charge, with perhaps one or two years added for aggravating features.

Mr Fournier questioned Judge Moran's methodology in the way he had calculated the present sentence.

For the Crown, Kate Bicknell conceded that the Christchurch judge's approach was unorthodox and "perhaps a little stern".

But, she told the appeal court, the final sentence of 20 years was not manifestly excessive for very serious offending within the prison.

The 2kg of methamphetamine involved "is, of course, a substantial amount".

In the Crown's submission, the discounts given by the judge for Nathan's guilty pleas were sufficient, Ms Bicknell said.

Judge Moran ruled last year that Nathan was the kingpin of a conspiracy that brought an estimated $1.8 million of class A drugs down from Auckland for sale in Christchurch.

His lawyer told the Court of Appeal that Nathan had money from the sale of property which had been settled after he was put behind bars on the gang murder charge.

He also probably had "far too much time on his hands" and "joined in" a group conspiracy to deal drugs because he had funds and decided to use them.

- NZPA