IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY
CRI-2016-419-000031 [2016] NZHC 2596
BETWEEN CLIFFORD JOHN ANSLOW
Appellant
AND
CROWN LAW OFFICE Respondent
Hearing: 27 October 2016 Appearances:
T Sutcliffe for Appellant
J ETarrant for RespondentJudgment:
31 October 2016
JUDGMENT OF COURTNEY J
This judgment was delivered by Justice Courtney on 31 October 2016 at 4.00 pm
pursuant to R 11.5 of the High Court Rules
Registrar / Deputy Registrar
Date………………………..
ANSLOW v CROWN LAW OFFICE [2016] NZHC 2596 [31 October 2016]
Introduction
[1] Just after midnight on 25 July 2015 Clifford Anslow was arrested at a service station in Huntly and a search warrant executed on his vehicle. The police found
16.4 grams of methamphetamine, a second bag containing 0.164 grams of methamphetamine, scales, empty ziplock bags and $5,500 cash in a bag belonging to Mr Anslow’s passenger. Production orders previously obtained on Mr Anslow’s phone had disclosed evidence of dealing.
[2] Mr Anslow was charged with possessing 16.4 grams of methamphetamine for supply and with supplying between 12.25 and 19.8 grams of methamphetamine and offering to supply between 4 and 16 grams of methamphetamine in the period between March 2014 and January 2015. He pleaded guilty to all the charges.
[3] In sentencing Judge Burnett took a starting point of four years four months which she uplifted by eight months for previous drug offending.1 She allowed two months’ credit for Mr Anslow’s time on EM bail and a discount of 17 per cent for his guilty plea. The end result was a sentence of four years’ imprisonment. In addition, the Judge imposed a period of disqualification that would result in Mr Anslow having to re-sit his driver’s licence upon completion of his sentence.
[4] Mr Anslow appeals the term of imprisonment on the basis that it is manifestly excessive as a result of the Judge failing to give adequate credit for his guilty plea, remorse and efforts at rehabilitation. No issue is taken with the starting point, nor with the disqualification.
Discount for rehabilitative efforts
[5] The PAC report provided on sentencing referred to Mr Anslow’s serious methamphetamine addiction, his remorse and the steps he was taking to address his addiction. The report writer assessed Mr Anslow as likely to pose a low level of harm and at medium-low likelihood of re-offending if he could remain drug free and recommended home detention to allow strict monitoring over his rehabilitative progress over time.
1 In 2005 Mr Anslow was imprisoned for nine years with a minimum period of imprisonment of four years for possessing methamphetamine for supply.
[6] At sentencing Mr Sutcliffe, for Mr Anslow, produced two drug tests, both negative, dated 21 April and 12 May 2016, together with a letter of initial appointment with the Addictions Service at Wairau Hospital dated 26 April 2016. Mr Anslow was also able to provide numerous references testifying to his good character (apart from his drug offending). Finally, following the appeal hearing Mr Anslow’s counsel, Mr Sutcliffe, confirmed that Mr…
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