Commissioner of Police v Roulston

[2017] NZHC 2220

IN THE HIGH COURT OF NEW ZEALAND TAURANGA REGISTRY

I TE KŌTI MATUA O AOTEAROA

TAURANGA MOANA ROHE

CIV-2017-470-88 [2017] NZHC 2220

BETWEEN

THE COMMISSIONER OF POLICE

Applicant

AND

MARK GRAHAM ROULSTON Respondent

Hearing:	On the papers
Appearances:	N T C Batts for Applicant No appearance for Respondent
Judgment:	14 September 2017

JUDGMENT OF LANG J

[on application for restraining and profit forfeiture orders]

This judgment was delivered by me on 14 September 2017 at 3.30 pm, pursuant to Rule 11.5 of the High Court Rules.

Registrar/Deputy Registrar

Date……………

COMMISSIONER OF POLICE v ROULSTON [2017] NZHC 2220 [14 September 2017]

[1]        In this proceeding the Commissioner of Police (the Commissioner) seeks a restraining order and  ancillary order for  the sale of a 2012 Ford Ranger motor vehicle owned by the respondent, Mr Roulston.   The Commissioner also seeks a profit forfeiture order together with an order that this be paid in part using the proceeds of sale of the motor vehicle and cash in the sum of $23,240 that the police found when they searched Mr Roulston’s address.

[2]        Mr Roulston has been served with the application and has taken no steps to oppose it.  On 31 July 2017, a police officer also served Mr Roulston with a copy of the minute issued by Moore J on 13 July 2017.  He has not responded to that minute. In those circumstances the Commissioner asks the Court to make orders in terms of his application on an unopposed basis.

Background

[3]        Mr  Roulston  has  been  charged  with  manufacturing  methamphetamine, supplying methamphetamine and being in possession of methamphetamine for supply.  The charges have not yet proceeded to trial.  They were allocated a standby fixture during the week commencing 28 August.  This was apparently vacated after Mr Roulston terminated his instructions to assigned counsel.  No new date has yet been set for the trial.

[4]        The charges were laid after the police searched Mr Roulston’s address in Te Puke on 27 September 2016.    Inside the address they found equipment and chemicals consistent with those used to manufacture methamphetamine.   The equipment included a Parr bomb, condenser and a hot plate.  The chemicals included iodine and caustic soda.  The police found snaplock bags containing 15.65 grams of methamphetamine along with electronic scales and $21,970 in cash.

[5]        The Ford Ranger motor vehicle was parked in the driveway of the address. In the centre console of the vehicle the police found cash in the sum of $1270.  In a pillow case on the rear seat of the vehicle the police found 15 small snaplock bags containing methamphetamine having a total weight of 9 grams.    A glass methamphetamine pipe was also found in the pillow case.   The police observed a butane burner on the driver’s seat in the vehicle.

[6]        When  the  police  spoke  to  Mr  Roulston  he  said  he  had  a  heavy methamphetamine habit and consumed approximately a gram of methamphetamine every day.  He admitted having manufactured methamphetamine every two to three

months for the past two years, producing one to two ounces on each occasion.  In addition, Mr Roulston stated that he supplied a ‘point’ of methamphetamine each day to his partner, and sold methamphetamine to associates to fund his own habit.

Decision

[7]        The evidence set out above provides reasonable grounds to believe that Mr Roulston has unlawfully benefited from significant criminal activity.  As a result, his assets can be restrained under s 25 of the Act.  That order is necessary in order to enable the Court to make an associated sale order.   Without a sale order the Commissioner will continue to incur costs associated with the storage and insurance of the motor vehicle.

[8]        I am also satisfied that the Commissioner has established that Mr Roulston has unlawfully benefited from significant criminal activity to the extent that a profit forfeiture order should be made.  The activity occurred over two years, and relates to the manufacture and supply of methamphetamine for monetary gain.

[9]        Detective Mark Watt has filed an affidavit in support of the applications in which he sets out the prices paid for methamphetamine in the Bay of Plenty area during the period when Ms Ross was manufacturing methamphetamine.  Based on these figures counsel for the Commissioner makes the following submissions in a memorandum filed at the request of Moore J in his Minute dated 13 July 2017:

25.The value of the unlawful benefit received by the respondent which is not contested as a result of his significant criminal activity during this period has been calculated on the basis of the respondent’s lowest methamphetamine production estimate of one ounce every three months.  Over two years, that rate of production represents a total of eight ounces of methamphetamine.   In 2016 in the Bay of Plenty region, one ounce of methamphetamine had a value of between $10,000 and $18,000.  Taking the lowest point of that range, the value of the respondent’s unlawful benefit is calculated at $80,000 over the relevant period of criminal activity.

26.In  terms  of  the  respondent’s  interests  in  the  property  the applicant refers to the fact that the vehicle was purchased by him and registered in his name.   In respect of the cash that represents the remainder of the property, $1,270 of this cash was located inside the vehicle when it was searched.   The remaining $21,970 in cash was located inside the represent’s address on the same day.  The applicant submits that the Court

can be satisfied that the respondent has interests in both the vehicle and cash components of the subject property.

[9]      I consider these submissions to be sound having regard to Detective Watt’s evidence and the admissions made by Ms Ross to the police.  I therefore consider the Commissioner is entitled to the orders that he seeks.

Result

[10]     I make a restraining order, associated sale order and profit forfeiture order as sought by the Commissioner in the originating application dated 20 June 2017.

Lang J