Austin v The King

[2024] NZHC 786

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CRI-2024-409-24

[2024] NZHC 786

BETWEEN

STEVEN JAMES AUSTIN

Appellant

AND

THE KING

Respondent

Hearing:

9 April 2024

Appearances:

C G Nolan for Appellant

W J S Mohammed for Respondent

Judgment:

12 April 2024

JUDGMENT OF MANDER J

This judgment was delivered by me on 12 April 2024 at 11.30 am pursuant to Rule 11.5 of the High Court Rules 2016

Registrar/Deputy Registrar Date:     .

AUSTIN v R [2024] NZHC 786 [12 April 2024]

[1]    Steven Austin was sentenced by Judge Kellar in the Christchurch District Court to three years and two months’ imprisonment1 on representative charges of supplying and offering to supply methamphetamine;2 possession of methamphetamine;3 and cultivation of cannabis.4 The sentence was also imposed in respect of a representative charge of breaching a protection order5 and two charges of unlawfully possessing firearms.6

[2]    Mr Austin appeals that sentence. He alleges the starting point adopted by the Judge was manifestly excessive and that insufficient credit was provided for personal mitigating factors.

Background

[3]    In March 2023, the police seized a mobile phone used  by  an  associate  of Mr Austin. The subsequent analysis of this phone revealed Mr Austin’s involvement in dealing methamphetamine.

[4]    On 20 February 2023, the associate asked Mr Austin how much it would cost to purchase an ounce (28g) of methamphetamine. Mr Austin replied that the price would be between $6,000 and $6,500, depending on whether the associate could wait for Mr Austin to source cheaper product. In a communication later that month, the associate asked Mr Austin if he would supply him with methamphetamine on a deferred payment basis. Mr Austin replied he needed to resupply.

[5]    On 4 March 2023, the associate asked Mr Austin how much he wanted for a motorcycle. He offered a .22 calibre firearm for the motorcycle and 0.5g of methamphetamine. Mr Austin accepted the deal and, on 22 March 2023, advised his associate that he would come to his residence to conduct the trade. That same day, the associate asked Mr Austin for the price of an ounce of methamphetamine. Mr Austin

1      R v Austin [2024] NZDC 887.

2      Misuse of Drugs Act 1975, s 6(1)(c) — maximum penalty life imprisonment.

3      Section 7(1)(a), (2) — maximum penalty six months’ imprisonment.

4      Section 9(1) — maximum penalty seven years’ imprisonment.

5      Family Violence Act 2018, ss 98(1)(a) & 112(1)(b) — maximum penalty three years’ imprisonment.

6      Arms Act 1983, s 45(1)(b) — maximum penalty four years’ imprisonment.

responded that, due to pressures in supply, he could procure an ounce for $7,000. The following day, the two men conducted the firearm trade at Mr Austin’s residence.

[6]    On 28 March 2023, Mr Austin sent the associate an image of the firearm with the modifications he had made to the weapon. He had cut the rifle down to pistol length and installed a pistol grip and suppressor. It had a 10 round magazine fitted…