| IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA |
| CA267/2017 [2018] NZCA 242 |
| BETWEEN | WILLIAM HINES |
| AND | THE QUEEN |
| Hearing: | 14 May 2018 |
Court: | Miller, Ellis and Woolford JJ |
Counsel: | G C Gotlieb and J G Krebs for Appellant |
Judgment: | 6 July 2018 at 10 am |
JUDGMENT OF THE COURT
AThe appeal against conviction is dismissed.
B The appeal against sentence is allowed. The sentence of 18 years and six months’ imprisonment is quashed and a sentence of 17 years’ imprisonment is substituted.
C The minimum period of imprisonment of eight years and four months is quashed.
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REASONS OF THE COURT
(Given by Ellis J)
Following a trial before Downs J and a jury, Mr Hines and eight others were convicted of a number of serious methamphetamine related offences. The Judge sentenced the offenders on the basis that each of them had, in various ways, been responsible for manufacturing approximately one kilogram of methamphetamine in 2015. As the perceived architect of the group, Mr Hines was sentenced to 18 and a half years’ imprisonment. The Judge imposed a minimum period of imprisonment (MPI) of eight years and four months.[1]
[1]R v Hines [2017] NZHC 769 at [26].
Mr Hines and six of his co-defendants appealed their convictions, and Mr Hines and five of his co-defendants appealed their sentences. The appeals of all but Mr Hines were heard by this Court on 10 October 2017.[2] Judgment was delivered on 20 December 2017 (the earlier judgment).[3] All of the conviction appeals were dismissed but the sentence appeals by three of the group were allowed.
[2]Mr Hines’ appeal was not heard then due to his health issues.
The majority of the points raised by Mr Hines in relation to his conviction appeal have, effectively, been dealt with in the earlier judgment. For that reason, we are able to deal with them relatively briefly here.
As far as the sentence appeal is concerned, the reduction in sentence allowed in the earlier decision for two of Mr Hines’ co-defendants necessarily has an impact on Mr Hines’ position.[4] This Court’s reasoning that there had been an element of double counting in their sentences applies equally to Mr Hines.[5] As well, there are unique circumstances relating to Mr Hines’ health which also merit greater consideration in a sentencing context. Accordingly, those issues will be the principal focus of this judgment.
[4]Messrs T Maaka and Sadler. A third co-defendant, Mr Vijn, also successfully appealed his sentence, but the Court’s reasons for allowing his appeal are not relevant to Mr Hines’ appeal.
[5]Edwardson, above n 3, at [146]–[147] and [161]–[163].
Before turning to consider these matters, however, it is necessary to say a little more by way of background. What follows is largely taken from the earlier judgment.
Background
The relevant aspects of the Crown case against all defendants can be divided into…
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- Hines v The Queen [2018] NZCA 242
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- [2018] NZCA 242
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