| IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA |
| CA289/2022 [2022] NZCA 586 |
| BETWEEN | LEONARD JOSEPH BROWN |
| AND | THE KING |
| Hearing: | 27 October 2022 |
Court: | Brown, Mallon and Downs JJ |
Counsel: | D J Dufty for Appellant |
Judgment: | 30 November 2022 at 10.30 am |
JUDGMENT OF THE COURT
The appeal is dismissed.
____________________________________________________________________
REASONS OF THE COURT
(Given by Downs J)
Introduction
Leonard Brown pleaded guilty shortly before trial to a charge of supplying methamphetamine; a charge of conspiring to supply methamphetamine; and a final charge of possessing that drug for supply. The District Court imposed a sentence of five years and three months’ imprisonment.[1] Mr Brown appeals. An appeal in this context must be allowed if there is an error in the sentence and a different one should be imposed[2] or, in short, if the sentence is manifestly excessive.[3]
Background
[1]R v Tahana [2022] NZDC 9656 [Sentencing notes].
[2]Criminal Procedure Act 2011, s 250.
[3]Tutakangahau v R [2014] NZCA 279, [2014] 3 NZLR 482 at [35].
Mr Brown’s offending was detected after police obtained a surveillance device warrant on 19 November 2019. Between then and 13 December 2019, Mr Brown arranged to buy 20 ounces of methamphetamine from co-defendants, then sell the drug to lower-level dealers and other users. In this context, Mr Brown twice supplied 10 ounces of methamphetamine (a total of 560 grams). This was the basis for the representative charge of supplying methamphetamine. On the second occasion, Mr Brown and a co-defendant discussed her retrieval of $50,000 in cash — the purchase price for 10 ounces of methamphetamine. Closed‑circuit television footage from Mr Brown’s home captured the transaction.
On 13 December 2019, co-defendants agreed to supply Mr Brown an unspecified quantity of methamphetamine. This gave rise to the conspiracy charge. Mr Brown collected $55,000 in cash. He was arrested the same day, as were the other defendants. Police found $55,705 in cash in Mr Brown’s car, together with scales, and found a further $1,775 and eight grams of methamphetamine on Mr Brown’s person. The latter discovery gave rise to the possession for supply charge. Police found 396 grams of methamphetamine in the co‑defendants’ car.
On 11 March 2022, Mr Brown pleaded guilty. His trial was to begin 21 March 2022.
Judge Down concluded Mr Brown played a significant role in the supply chain, as he had “an operational or management function”, “subordinates” and was “motivated by financial or other advantage”.[4] The Judge adopted a global starting point of nine years’ imprisonment and added six months for Mr Brown’s history of drug offending.[5]
[4]Sentencing notes, above n 1, at [17]
[5]At [24].
The Judge deducted 20 per cent for Mr Brown’s guilty pleas and five per cent for his personal circumstances, as revealed by a cultural report provided under s 27 of the Sentencing Act 2002. The Judge deducted another five per cent for Mr Brown’s “health struggles”, which…
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- Brown v The the King [2022] NZCA 586
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- [2022] NZCA 586
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CaseChat Overview and Summary
The primary legal issues the Court of Appeal needed to decide were whether the sentence imposed by the District Court contained errors that warranted a different sentence and whether the sentence was manifestly excessive. The Court had to consider the appellant's personal circumstances, including his background and rehabilitation efforts, and assess if the sentence appropriately reflected these factors.
The Court of Appeal found that the sentence imposed by the District Court was not manifestly excessive. It noted that the appellant played a significant role in the methamphetamine supply chain and had a history of drug offending. The Court found that the overall discount for personal mitigating features, including the appellant's background and methamphetamine use, was appropriate and consistent with recent case law. Regarding rehabilitation, the Court concluded that the 15 per cent deduction for the appellant's rehabilitative efforts was appropriate, considering the significant scale of his commercial drug-dealing. The Court was not persuaded that the sentence imposed was manifestly excessive.
The Court of Appeal dismissed the appeal, affirming the sentence imposed by the District Court. The Court held that the District Court had appropriately considered the appellant's personal circumstances and rehabilitation efforts in determining the sentence. The Court concluded that the sentence was not manifestly excessive and did not warrant a different sentence.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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