Bateson v The King - [2023] NZHC 915

IN THE HIGH COURT OF NEW ZEALAND ROTORUA REGISTRY

I TE KŌTI MATUA O AOTEAROA

TE ROTORUA-NUI-A-KAHUMATAMOMOE ROHE

CRI-2023-463-18

[2023] NZHC 915

BETWEEN
MARK BATESON

Appellant

AND

THE KING

Respondent

Hearing: 24 April 2023

Appearances:

N Dutch for Appellant

R Jenson for Respondent

Judgment:

24 April 2023

JUDGMENT OF LANG J

[on appeal against sentence]

This judgment was delivered by me on 14 March 2023 at 2.30 pm.

Registrar/Deputy Registrar Date……………

Solicitors:
Crown Solicitor, Rotorua

BATESON v R [2023] NZHC 915 [24 April 2023]

[1] Mr Bateson pleaded guilty to two representative charges of supplying methamphetamine as well as charges of selling, offering to supply and being in possession of cannabis for supply.

[2] On 22 February 2023 Judge L M Bidois sentenced Mr Bateson to 12 months home detention.1 Mr Bateson appeals against sentence on the basis that the Judge made two errors in constructing the sentence and these resulted in an end sentence that was manifestly excessive.

The offending

[3] The charges were laid after the police terminated an operation during which they analysed electronic communications between Mr Bateson and other persons on his cellphone.

[4] The communications revealed that between 7 July and 21 September 2022 Mr Bateson sold small quantities of methamphetamine to other persons on 17 occasions. During approximately the same period he also offered to sell methamphetamine on five occasions. In addition, on 25 and 26 July 2022 Mr Bateson sold cannabis on two occasions. On the first occasion he sold half an ounce (14 grams), whilst on the second occasion he sold an ounce (28 grams). On 25 August 2022 Mr Bateson offered to sell an unspecified quantity of cannabis to a third party.

[5] The police executed a search warrant on Mr Bateson’s residential address at the termination of the operation. He was present at the address when the search was carried out.

[6] In Mr Bateson’s bedroom the police found approximately 40 grams of dried cannabis head material divided into two snaplock plastic bags. They also found numerous plastic zip lock bags of the type commonly used to package small quantities of methamphetamine. In addition, the police found three sets of operating digital scales and a “tick list” that referred to 13 separate drugs sales. Also in his bedroom were three small plastic containers of a type commonly used to store large quantities

1 New Zealand Police v Bateson [2022] NZDC 3325.

of methamphetamine together with a scooping device. This could be used to transfer quantities of methamphetamine from a container to a ziplock bag. A crystalline substance later found to be methamphetamine residue was visible on the three containers.

[7] When the police searched the garage of the address they found two grams of dried cannabis head material, two sets of operating digital scales and numerous new zip lock bags of a type used to sell small quantities of methamphetamine. The police also found a variety of glass pipes of a type commonly used to consume both methamphetamine and cannabis…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Bateson v The King

Details

AGLC: Bateson v The King [2023] NZHC 915
Case: [2023] NZHC 915
Decision Date: 24 April 2023

CaseChat Overview and Summary

Mark Bateson appealed against his sentence, arguing that the trial judge made two errors in constructing the sentence, which resulted in a manifestly excessive sentence. The trial judge had sentenced Mr Bateson to 12 months of home detention for charges related to methamphetamine and cannabis. The appellate court identified the legal issues as whether the uplift applied for the cannabis offending was excessive and whether the discount applied for mitigating factors was inadequate. The appellate court found that the trial judge should have applied an uplift of no more than six months for the cannabis offending and a discount of around 15 per cent for the mitigating factors. This would result in an end sentence of 18 months imprisonment, or nine months of home detention. The appeal was allowed, and the sentence was reduced to nine months of home detention.

Orders