IN THE HIGH COURT OF NEW ZEALAND ROTORUA REGISTRY
I TE KŌTI MATUA O AOTEAROA
TE ROTORUA-NUI-A-KAHUMATAMOMOE ROHE
CRI-2022-463-63
[2022] NZHC 1845
BETWEEN KATIE HARATA MASON
Appellant
AND
NEW ZEALAND POLICE
Respondent
Hearing: 25 July 2022 Appearances:
RO Gowing and AE de Villiers for the Appellant CA Bourke for the Respondent
Judgment:
29 July 2022
JUDGMENT OF FITZGERALD J
This judgment was delivered by me on 29 July 2022 at 11.30am
Registrar/Deputy Registrar
Date……………………………
Solicitors:Gowing & Co Lawyers, Whakatane Pollett Legal, Tauranga
MASON v NZ POLICE [2022] NZHC 1845 [29 July 2022]
Introduction
[1] Ms Mason was convicted on charges of dealing in methamphetamine,1 possession of methamphetamine,2 possession of cannabis for supply,3 offering to supply cannabis,4 breach of bail,5 receiving stolen property,6 possession of cannabis,7 possession of utensils for methamphetamine8 and supplying methamphetamine.9 On 25 March 2022, Judge C J Harding in the District Court at Whakatāne sentenced Ms Mason to 10 months’ home detention.10
[2] Ms Mason appeals against her sentence on the basis that the Judge erred by failing to give credit for time spent on remand in custody when determining the end sentence of home detention.11
[3] The appeal was filed out of time. Counsel for Ms Mason says that the error was noticed shortly after the date of sentencing and an application to recall the sentencing decision was filed to correct the error. That application was not scheduled for hearing until 10 May 2022 at which time the sentencing Judge declined jurisdiction.12 The Police do not oppose leave to appeal being granted and I accordingly grant leave.
The offending
[4] Ms Mason’s offending came to light as a result of a police investigation code named “Operation Kikorangi”. Intercepted communications revealed that between
1 Misuse of Drugs Act 1975, s 6(1)(c) and (2) (representative charge). Maximum penalty life imprisonment.
2 Misuse of Drugs Act 1975, s 6(1)(f) and (2). Maximum penalty life imprisonment.
3 Misuse of Drugs Act 1975, s 6(1)(f) and (2). Maximum penalty eight years’ imprisonment.
4 Misuse of Drugs Act 1975, s 6(1)(e) and (2) (representative charge). Maximum penalty eight years’ imprisonment.
5 Bail Act 2000, s 38(a). Maximum penalty one year’s imprisonment or $2,000 fine.
6 Crimes Act 1961, ss 246 and s 247(a). Maximum penalty seven years’ imprisonment.
7 Misuse of Drugs Act 1975, s 7(1)(a) and (2). Maximum penalty three months’ imprisonment and/or $500 fine.
8 Misuse of Drugs Act 1975, s 13(1)(a) and (3). Maximum penalty one year’s imprisonment and/or
$500 fine.
9 Misuse of Drugs Act 1975, s 6(1)(c) and (2) (representative charge). Maximum penalty life imprisonment.
10 Police v Mason [2022] NZDC 5230.
11 To be fair to the Judge, it is not clear if this was brought to his attention at sentencing.
12 Under s 177 of the Criminal Procedure Act 2011.
June and September 2021, Ms Mason supplied a total of identifiable weights of two and a half grams of methamphetamine, and on two occasions she offered to supply cannabis of an unidentified amount and value.…
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