IN THE HIGH COURT OF NEW ZEALAND GISBORNE REGISTRY
I TE KŌTI MATUA O AOTEAROA TŪRANGANUI-A-KIWA ROHE
CRI-2019-416-20
CRI-2019-416-22 [2019] NZHC 3112
BETWEEN FREDERICK GEORGE DICK BLANDFORD
AppellantAND
NEW ZEALAND POLICE
Respondent
Hearing: 26 November 2019 Counsel:
A M Simperingham and Dr K C Leung for Appellant A V Bryant for Respondent
Judgment:
27 November 2019
JUDGMENT OF SIMON FRANCE J
[1]Mr Blandford appeals a sentence of 15 months’ imprisonment.1
Offending
[2] There are two sets of offending underlying the sentence. The most serious are charges of assault with a weapon,2 and intimidation.3 This was a domestic-related incident where Mr Blandford, armed with a dinner knife, pursued the victim outside. She ended up on her knees with him holding the knife to the side of her neck.
1 R v Blandford [2019] NZDC 19056 [The Substitute Sentencing Decision], see also R v Blandford
[2019] NZDC 12622 [The Sentencing Decision].
2 Crimes Act 1961, s 202C; maximum penalty five years’ imprisonment.
3 Summary Offences Act 1981, s 21(1)(e); maximum penalty three months’ imprisonment or a
$2,000 fine.
BLANDFORD v NEW ZEALAND POLICE [2019] NZHC 3112 [27 November 2019]
[3] The incident was observed by a woman in a stationary car. Mr Blandford got into his own vehicle and drove to where she was. He parked alongside so as to prevent the woman from opening her car door. He “eyeballed” her.
[4] The second set of charges are drug related. Mr Blandford was growing cannabis in a modified room at the address where he was living. There were 14 mature plants and 16 seedlings. The charge is cultivation, to which he pleaded guilty.4 It is not alleged the growing was other than for personal use. Mr Blandford was also charged with possessing pipes able to be used for smoking methamphetamine.5
[5] Mr Blandford has previous drug convictions. In 2016 he was sentenced to six months’ community detention for cultivating cannabis. In 2009 he was sentenced to 50 hours’ community work for the same offence. In 2006 he was convicted and discharged on a charge of possessing cannabis. In 2000 he was sentenced to 15 months’ imprisonment for possessing cannabis and cannabis oil for supply, and manufacturing the cannabis oil.
Sentencing history
[6] The sentencing Judge allocated a starting point of 10 months’ imprisonment for the drug offending, and 14 months for the violence offending.6 He then made a totality adjustment to reduce the overall starting point to 20 months. There was then a two-month uplift for past offending. Recognising guilty pleas on the drug offending and intimidation charge, there was a two-month deduction, thereby returning the total to 20 months.
[7] The Judge had in mind that home detention would be the outcome. So he further reduced the sentence by four months, being a one-for-one credit for time spent in custody (2.5 months) and 1.5 months’ credit for three months of EM bail.7 The final total of 16 months’ imprisonment was converted to a sentence of eight…
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- Case
- [2019] NZHC 3112
- Decision Date
CaseChat Overview and Summary
The court found that the starting point for the most serious charges, assault with a weapon and intimidation, was within the appropriate range, taking into account similar cases and the domestic context of the offending. However, the starting point for the cannabis cultivation charge was considered manifestly excessive. The court accepted that the cannabis cultivation was for personal use and did not warrant a lengthy prison sentence. The court also found that the District Court had made errors in the way the sentence was constructed, including mislabelling the seriousness of the home detention breach charge and giving credit for time already served, which should not have been considered in the sentencing exercise.
The court allowed the appeal, quashed all existing sentences, and imposed new sentences for each charge. The sentences for the assault with a weapon, intimidation, possessing pipes for smoking methamphetamine, cultivating cannabis, and breaching home detention conditions were set at 15 months', one month's, one month's, one month's, and one month's imprisonment, respectively, with all sentences running concurrently.
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