IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY
I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE
CRI-2024-409-161 CRI-2024-409-162
CRI-2024-409-163 [2024] NZHC 2367
BETWEEN TONY DEAN ADAMS
Appellant
AND
THE KING
Respondent
Hearing: 22 August 2024 Appearances:
J D N MacLeod for Appellant
B W D Alexander for Respondent
Judgment:
22 August 2024
ORAL JUDGMENT OF EATON J
This judgment was delivered by me on …….. at ……… pursuant to Rule 11.5 of the High Court Rules
Registrar/Deputy Registrar Date:
ADAMS v R [2024] NZHC 2367 [22 August 2024]
Introduction
[1] Following guilty pleas, Tony Dean Adams was sentenced to five years’ imprisonment by Judge Kellar on 11 June 2024.1 His offending involved two separate sets of offences. The charges within the first set are:
(a)burglary;2
(b)possession of cannabis;3
(c)possession of methamphetamine;4
(d)possession of methamphetamine utensils;5
(e)failing to comply with search obligations.6
[2]The second set of charges are:
(a)supplying methamphetamine (representative);7
(b)selling cannabis (representative);8
(c)possession of methamphetamine for supply;9
(d)possession of cannabis for supply;10
(e)unlawful possession of firearms (representative);11
1 R v Adams [2024] NZDC 13484.
2 Crimes Act 1961, s 231(1)(a) — maximum penalty of 10 years’ imprisonment.
3 Misuse of Drugs Act 1975, s 7(1)(a) and (2) — maximum penalty of three months’ imprisonment,
$500 fine.
4 Section 7(1)(a) and (2) — maximum penalty of six months’ imprisonment, $1,000 fine.
5 Section 13(1)(a) and (3) — maximum penalty of one year imprisonment, $500 fine.
6 Search and Surveillance Act 2012, s 178 — maximum penalty of three months’ imprisonment.
7 Misuse of Drugs Act, s 6(1)(c) and (2) — maximum penalty of life imprisonment.
8 Section 6(1)(e) and (2) — maximum penalty of eight years imprisonment.
9 Section 6(1)(f) and (2) — maximum penalty of life imprisonment.
10 Section 6(1)(f) and (2) — maximum penalty of eight years’ imprisonment.
11 Arms Act 1983, s 45(1) — maximum penalty of four years’ imprisonment, $5,000.00 fine.
(f)unlawful possession of a restricted weapon;12 and
(g)unlawful possession of ammunition.13
[3] Mr Adams says on appeal that the sentence imposed was manifestly excessive. He advances two specific grounds, first, that the uplift of 15 per cent for previous criminal convictions was too high and secondly, that the Judge should have allowed a credit for his rehabilitative prospects.
Facts
[4] In relation to the first set of charges, sometime between 6.30 am and 7.00 am on 15 April 2023, the appellant and an associate were at the Sign of the Kiwi Café on Summit Road. The appellant was in the driver’s seat of his vehicle waiting outside the café whilst the associate broke down the front door in an attempt to gain entry. The associate also entered a garage at the address, taking various items before getting back into the passenger seat of the car. Mr Adams then drove away with speed. Police located him a short time later and completed a vehicle stop. Police located a lock picking set, a window punch tool and a large number of motor vehicle keys. They also…
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- [2024] NZHC 2367
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