IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY
CRI-2017-419-000040 [2017] NZHC 1620
BETWEEN BRADLEY MICHAEL DUFFELL
Appellant
AND
THE CROWN Respondent
Hearing: 13 July 2017 Appearances:
S Cameron for the Appellant
R L Mann for the RespondentJudgment:
13 July 2017
JUDGMENT OF MUIR J
This judgment was delivered by me on Thursday 13 July 2017 at 4.45 pm.
Pursuant to Rule 11.5 of the High court Rules.
Registrar/Deputy Registrar
Date:…………………………
Counsel/Solicitors:
S Cameron, Barrister, Hamilton
R L Mann, Crown Solicitors, Hamilton
DUFFELL v THE CROWN [2017] NZHC 1620 [13 July 2017]
Introduction
[1] The appellant, Mr Duffell, pleaded guilty to five charges including indecent assault and drug offending. He was sentenced to two years and eight months’ imprisonment in the District Court. He now appeals against that sentence.
[2] I note that there is a statutory prohibition on publishing any identifying particulars of the victim in relation to the indecent assault.1 I also note that Mr Duffell received a first warning as required under the three-strikes regime on 20
March 2017.2
Background
Charges
[3] On 8 December 2016, Mr Duffell pleaded guilty to the following drug-related charges:
(a) offering to sell a Class C controlled drug, namely cannabis;3
(b)possession of a Class A drug, namely psilocybine (also known as magic mushrooms);4
(c) possession of a Class C drug for sale, namely cannabis;5 and
(d) possession of a Class C drug, namely cannabis seeds.6
1 Criminal Procedure Act 2011, s 203.
2 Sentencing Act 2002, s 86B.
3 Misuse of Drugs Act 1975, s 6(1)(e). This offence carries a maximum penalty of eight years’
imprisonment; see Misuse of Drugs Act, s 6(2)(c).
4 Misuse of Drugs Act, s 7(1)(a). This offence carries a maximum penalty of six months’
imprisonment or a fine not exceeding $1,000; see Misuse of Drugs Act, s 7(2)(a).
5 Misuse of Drugs Act, ss 6(1)(e) and 6(1)(f). This offence carries a maximum penalty of eight
years’ imprisonment; see Misuse of Drugs Act, s 6(2)(c).
6 Misuse of Drugs Act 1975, s s 7(1)(a). This offence carries a maximum penalty of three months’
imprisonment or a fine not exceeding $500; see Misuse of Drugs Act, s 7(2)(b).
[4] On 20 March 2017, Mr Duffell pleaded guilty to one charge of indecent assault,7 that charge having been laid as an alternative charge to the original charge of sexual violation by unlawful sexual connection on the morning of the trial.
Summary of facts
[5] I begin with the indecent assault. On 26 March 2016, the victim travelled from Auckland to visit her twin sister in Hamilton. Her sister is Mr Duffell’s partner, and resides at his address. That night, the victim and her sister went out to a number of nightclubs. They returned to Mr Duffell’s address shortly after midnight. Mr Duffell and his partner went to sleep on a large mattress in the living area, while the victim slept on a smaller mattress next to them. The victim wore a dress and underwear to bed.
[6] During…
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