Houghton v The Queen - [2020] NZHC 2819

IN THE HIGH COURT OF NEW ZEALAND ROTORUA REGISTRY

I TE KŌTI MATUA O AOTEAROA

TE ROTORUA-NUI-A-KAHUMATAMOMOE ROHE

CRI-2019-063-2862

[2020] NZHC 2819

BETWEEN
KANE HOUGHTON

Appellant

AND

THE QUEEN

Respondent

Hearing: 28 October 2020

Appearances:

A Hill for Appellant

C H R Harvey for Respondent

Judgment:

28 October 2020

(ORAL) JUDGMENT OF LANG J

[on appeal against sentence]

Solicitors:
Crown Solicitor, Rotorua

HOUGHTON v R [2020] NZHC 2819 [28 October 2020]

[1] Mr Houghton pleaded guilty in the District Court to charges of cultivating cannabis, being in possession of cannabis, being in unlawful possession of a firearm (x 3) and being in unlawful possession of ammunition. On 9 October 2020 Judge Bidois sentenced Mr Houghton to 26 months imprisonment.1

[2] Mr Houghton appeals against the sentence. He says the Judge adopted an overall starting point that was too high on the cannabis charges and then added an excessive uplift to reflect the charges relating to the firearms and ammunition. He says this led to an end sentence that was manifestly excessive.

The offending

[3] The charges were laid after the police executed a search warrant at Mr Houghton’s address on the morning of 2 September 2019. The address is situated in a rural area and comprises a large section with a dwelling and numerous outbuildings. When the police searched a tool shed they found seven potted cannabis plants. Also in the shed were two bags of cannabis leaf material weighing 1.131 kilograms and a bag of cannabis seeds weighing 539 grams.

[4] In the woolshed the police found two containers that held 1.1 kilograms of cannabis plant material. When the police searched the garage, they found 96 small potted plants. These ranged in height from ten to 25 centimetres. The police also found a black plastic bag in the garage that contained 450 grams of cannabis material, as well as a further bag containing 24 grams of cannabis material. In addition, they found two bags of cannabis seeds weighing in total 1.85 grams.

[5] When the police searched Mr Houghton’s bedroom they found a tin containing five grams of cannabis bud. In the wardrobe they found a bucket containing 94 grams of cannabis plant material. In another bedroom the police found a bucket containing 123 bags of cannabis bud material weighing 215 grams. The same bucket also contained 305 grams of cannabis plant material. This series of events gave rise to the charges of cultivating cannabis and being in possession of cannabis.

1 Houghton v R [2020] NZDC 20684.

[6] The firearms charges were laid as a result of items found in a woodshed at the rear of the address and in the garage. In the woodshed the police found a wooden .243 Winchester rifle and a .44 Magnum Bolt-Action Rifle. In the garage the police found no fewer than ten firearms, including a semi-automatic rifle and a 12 gauge Mossberg pump action shotgun. Several of the firearms were found to be loaded with live ammunition. Throughout the garage the…

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 Houghton v The Queen

Details

AGLC: Houghton v The Queen [2020] NZHC 2819
Case: [2020] NZHC 2819
Decision Date: 28 October 2020

CaseChat Overview and Summary

The High Court of New Zealand heard an appeal by Kane Houghton against the sentence imposed on him by the District Court. Houghton pleaded guilty to charges of cultivating cannabis, being in possession of cannabis, and being in unlawful possession of firearms and ammunition. Judge Bidois sentenced Houghton to 26 months imprisonment, which Houghton now appeals, arguing that the starting point and uplift for the firearms charges were too high, resulting in a manifestly excessive sentence.

The court considered Houghton's argument that the starting point for the cannabis charges was too high. The court found that while the cannabis operation was not sophisticated or commercial, the large number of plants and plant material suggested some commercial activity. The court concluded that the starting point of 21 months was appropriate as it balanced the large quantity of cannabis found with the non-commercial nature of the operation. The court also considered Houghton's argument that the 18-month uplift for the firearms charges was excessive. The court found that the nature of the firearms and ammunition found, particularly the semi-automatic rifle and shotgun, justified a substantial uplift. The court concluded that the uplift was not excessive and therefore dismissed the appeal.

The appeal against sentence was dismissed by the High Court. The court found that the sentence imposed by the District Court was not manifestly excessive and did not find fault with the starting point or uplift applied by the Judge. As a result, the sentence of 26 months imprisonment stands.

Orders