IN THE HIGH COURT OF NEW ZEALAND ROTORUA REGISTRY
I TE KŌTI MATUA O AOTEAROA TE ROTORUA-NUI-Ā-KAHU ROHE
CRI-2018-463-51
CRI-2018-463-57 [2018] NZHC 1811
BETWEEN CRAIG McKECHNIE
Appellant
AND
THE QUEEN
Respondent
Hearing: 20 July 2018 Appearances:
A Schulze for Appellant
M S Jenkins for Respondent
Date:
20 July 2018
(ORAL) JUDGMENT OF LANG J
[on appeal against sentence]
McKECHNIE v R [2018] NZHC 1811 [20 July 2018]
[1] Mr McKechnie pleaded guilty in the District Court to seven charges of being in possession of methamphetamine for supply, possession of utensils, theft of a log splitter valued at $6,000, driving whilst suspended and breaching sentences of community work and supervision.
[2] On 1 June 2018, Judge Hollister-Jones sentenced Mr McKechnie to two years one month imprisonment.1 Mr McKechnie appeals against sentence on the basis that the end sentence is manifestly excessive.
The procedure in the District Court
[3] The manner in which the charges proceeded to sentence were somewhat convoluted. Mr McKechnie obtained a sentence indication from the Judge on 9 March 2018 in relation to the charges on which he was eventually sentenced together with some other charges. Mr McKechnie accepted the indication in relation to some charges, but not others. The matter then proceeded to sentencing in the District Court on 1 June 2018.
[4] Prior to the sentencing hearing, the Judge conducted another hearing in which he determined whether two quantities of cash found at Mr McKechnie’s address should be forfeited.2 The first of these was the sum of $15,000 that the police located hidden in a cereal box sitting on the kitchen table when they searched the address on 31 August 2017. When the police searched Mr McKechnie’s person, they found a glass methamphetamine pipe together with $9,510 in cash.
[5] Mr McKechnie contended that the cash that the police had found, both in the cereal box and on his person, came from the sale of two motor vehicles. After hearing evidence from Mr McKechnie, the Judge rejected that explanation.3 The Judge acknowledged there was a possibility that some of the cash may have come from the sale of the vehicles, but he was satisfied Mr McKechnie had applied all of the cash
1 R v McKechnie [2018] NZDC 11424.
2 R v McKechnie [2018] NZDC 11520.
3 R v McKechnie DC Rotorua, CRI-2017-063-3139 and 4380, 9 March 2018.
towards his future drug dealing activities. In other words, it became working capital for the acquisition of drugs in the future. For that reason the cash was forfeited in terms of s 32 of the Misuse of Drugs Act 1975. It did not matter that some of the cash had come from legitimate sources.4
The charges
[6] Two of the possession for supply charges related to quantities of methamphetamine found when the police searched Mr McKechnie’s address. The remaining charges related to quantities of methamphetamine the Crown alleged Mr McKechnie had supplied to others. These were discovered through an analysis of Mr McKechnie’s cellphone communications. In total, the…
Continue reading McKechnie v R
Sign in free to access the full text
- AGLC
- McKechnie v R [2018] NZHC 1811
- Case
- [2018] NZHC 1811
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.