Haddon v The Queen - [2016] NZCA 460

IN THE COURT OF APPEAL OF NEW ZEALAND

CA63/2016
[2016] NZCA 460

BETWEEN	MARK TAIAROA HADDON Appellant
AND	THE QUEEN Respondent

Hearing:	5 September 2016
Court:	Asher, Mallon and Whata JJ
Counsel:	N J Sainsbury for Appellant S C Carter for Respondent
Judgment:	23 September 2016 at 3.00 pm

JUDGMENT OF THE COURT

AThe application for an extension of time to appeal is granted.
BThe appeals against conviction and sentence are dismissed.

____________________________________________________________________

REASONS OF THE COURT

(Given by Whata J)

Mr Haddon was found guilty following a jury trial in the Wellington District Court before Judge Tompkins on one charge of possession for supply of a Class A controlled drug (methamphetamine), one charge of possession for sale of a Class C controlled drug (cannabis), two charges of unlawful possession of a firearm, three charges of unlawful possession of ammunition and one charge of possession of utensils for the consumption of methamphetamine. He was sentenced to five years and six months’ imprisonment.[1] He appeals against his conviction on the basis that the jury’s verdicts were unreasonable and against his sentence on the basis that it was manifestly excessive.
The notice of appeal was filed out of time. The delay is explained. The Crown does not oppose an extension of time and we grant one.

Facts

[1]R v Haddon [2015] NZDC 21828.

“Operation Walrus” involved the surveillance of the lock up at 15 Waiu Street used by Mr Haddon, George Murray, Anthony Isted and Daniel Skipper. A search of those premises unveiled 27.6 grams of methamphetamine and 153 grams of cannabis, methamphetamine pipes, firearms and ammunition.[2]
[2]A Ruger cut-down semi-automatic rifle and a Huglu semi-automatic shotgun.
A search of Mr Haddon’s partner’s house in Wainuiomata (the Wainuiomata address) was carried out. He was present at the address during the search. The search found $30,000 in cash in a white Holden motor vehicle which Mr Haddon was using and around $3,000 in cash in a pair of discarded cargo pants which belonged to him. Six cell phones and seven SIM cards were also found: four of the phones and five SIM cards were in a cabinet drawer in the master bedroom, one of the phones was in the Holden motor vehicle and the other phone and SIM cards were in Mr Haddon’s pants. The search also found a small quantity of cannabis and two glass pipes used for smoking methamphetamine.

Assessment

Mr Sainsbury for Mr Haddon argued that the Crown evidence could not be seen as sufficient to support the verdicts, and they were unreasonable. The central issue for the jury was whether Mr Haddon had possession of the drugs and firearms. The Crown presented a case based on circumstantial evidence, and put it to the jury that:
(a)Mr Haddon was a frequent visitor and had a key to the lock up in which the methamphetamine, utensils (including scales), cannabis and firearms were found;
(b)Mr Haddon was in possession (in various locations) of about $30,000 of cash — with a large…

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 Haddon v The Queen

Details

AGLC: Haddon v The Queen [2016] NZCA 460
Case: [2016] NZCA 460
Decision Date: 23 September 2016 at 3.00 pm

CaseChat Overview and Summary

In the Court of Appeal of New Zealand, Mark Taiaroa Haddon appeals against his conviction and sentence following a jury trial in the Wellington District Court. Haddon was found guilty on multiple charges, including possession for supply of a Class A controlled drug, possession for sale of a Class C controlled drug, and unlawful possession of firearms and ammunition. The court was required to determine whether the jury's verdicts were unreasonable and whether the sentence was manifestly excessive. The Crown did not oppose the extension of time for the appeal, which was granted.

The court assessed the evidence presented to the jury, focusing on whether Haddon had possession of the drugs and firearms. The Crown's case was based on circumstantial evidence, including Haddon's frequent visits to the premises, the presence of large amounts of cash, DNA evidence, and the discovery of cell phones and SIM cards. The defence argued that the drugs were hidden, Haddon had a legitimate business, and the evidence was insufficient to support the verdicts. The court found that the evidence provided a sufficient basis for the jury to reach guilty verdicts, considering the hidden nature of the drugs, the presence of cash, and the number of SIM cards. The reliability of key defence witnesses was tested, and their credibility was a matter for the jury.

The court also considered the sentence appeal, noting that Haddon appeared to play an active and profitable role in a methamphetamine enterprise. The starting point for sentencing was four and a half years, with an uplift of one year for aggravating factors, which was within the appropriate range for such offences. The appeals against both conviction and sentence were dismissed. The application for an extension of time to appeal was granted.

Orders