IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY
CRI-2012-485-000015 [2012] NZHC 1413
BETWEEN ASHLEY ERIC MILLER Appellant
ANDNEW ZEALAND POLICE Respondent
Hearing: 19 June 2012
Counsel: M Bott for Appellant
I R Murray for Respondent
Judgment: 21 June 2012
JUDGMENT OF GENDALL J
[1] This is an appeal against an effective sentence of two years three months’ imprisonment imposed upon the appellant in the District Court at Wellington by Judge S E Thomas on 27 January 2012. That was the sentence on the lead charges involving class A drug offending, namely supply of the class A controlled drug LSD and supply of the class A drug methamphetamine.
[2] The appellant was also sentenced to concurrent terms of 12 months’ imprisonment on two charges of offering to supply the class B controlled drug Ecstasy and 12 months’ imprisonment on selling the class C controlled drug cannabis, offering to sell cannabis, two charges of possession of cannabis for sale and cultivation of cannabis. On the charge of possession of a firearm without a licence, he was sentenced to a concurrent term of three months’ imprisonment.
[3] In summary, therefore, the sentence of two years three months’ imprisonment was to be served on 10 charges of drug offending and one of possession of a firearm
without a licence.
MILLER v NEW ZEALAND POLICE HC WN CRI-2012-485-000015 [21 June 2012]
[4] The background facts are as follows. As a result of a Police undercover operation, evidence was obtained that the appellant, over a period between 1 June
2010 and 20 April 2010, was involved in drug dealing on a significant basis. He was offering to supply a wide range of drugs including methamphetamine, MDMA (Ecstasy), cannabis, the class C controlled drug IV-MEC, and LSD.
[5] When the Police executed a search warrant at the appellant’s home, they found in a shed a cannabis cultivation operation had been set up and clearly used, as cannabis product to the value between $3,000 and $5,000 was found. It is beyond doubt the appellant had been actively involved in cultivating cannabis and acquiring and supplying a wide range of class A, B and C drugs which could not be obtained, for on-sale, without outlaying significant amounts of money. It was dealing at a commercial level. Simply by way of example, the appellant offered to supply the undercover officer with LSD at $20 per tab, provided that 100 of those items were purchased.
[6] In undertaking sentencing, the Judge had a report from an alcohol and drug counsellor, Mr Brooking, to whom the appellant had been referred by his counsel. He expressed the opinion that the appellant was addicted to alcohol and gambling, had not had treatment for those addictions, and recommended that he not be given a custodial sentence, as he needed to attend a residential treatment programme for alcohol dependence.
[7] The appellant was described as being well-motivated to undertake intervention measures. Judge Thomas referred to counsel’s submission that the appellant ought to have the opportunity…
Keep reading for free
Create a free CaseChat account to read Miller v Police and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2012] NZHC 1413
- Decision Date
CaseChat Overview and Summary
The appeal is dismissed.
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.