Legal Research
Cases
Moffatt v The Queen

Moffatt v The Queen

Case [2021] NZHC 3297 3 December 2021

No judgment structure available for this case.

Type to search within this case.

IN THE HIGH COURT OF NEW ZEALAND DUNEDIN REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTEPOTI ROHE

CRI-2021-412-000045

[2021] NZHC 3297

BETWEEN
TIMOTHY GRAHAM MOFFATT

Appellant

AND

THE QUEEN

Respondent

Hearing: 2 December 2021

Appearances:

S A Saunderson-Warner for Appellant R D Smith for Crown

Judgment:

3 December 2021

JUDGMENT OF DUNNINGHAM J

This judgment was delivered by me on 3 December 2021 at 11 am, pursuant to Rule 11.5 of the High Court Rules.

Registrar/Deputy Registrar
Date……………

MOFFATT v R [2021] NZHC 3297 [3 December 2021]

Introduction

[1] Mr Moffatt pleaded guilty to a charge of possessing methamphetamine for supply, possession of cannabis, possession of a prohibited magazine, unlawful possession of ammunition and two charges of unlawful possession of a firearm.

[2] He appeared before Judge Robinson in the District Court on 27 October 2021 for sentencing, after accepting a sentence indication delivered by the Judge on 10 August 2021. The Judge sentenced Mr Moffatt to 24 months’ imprisonment, with leave to apply for home detention (if there is a residential programme he could go to).1

[3] Mr Moffatt appeals this sentence on the basis that a greater discount should have been granted for his addiction issues.

Facts

[4] On the evening of 24 March 2021 police executed a search warrant at Mr Moffatt’s home address. They located 15 small ziplock bags of methamphetamine on Mr Moffatt that were packaged in varying amounts from one g to 0.15 g, totalling
5.81 g. Also located on Mr Moffatt were his wallet, which contained $1,440 in cash, and a “tick list” on which names had been recorded with dollar amounts next to them.

[5]Police also located a bag beside Mr Moffatt’s bed which contained a cut down

.22 calibre Ruger 10/22 semi-automatic rifle and three BB/Pellet firing pistols. Also in the bag was a 25 round magazine for the Ruger 10/22 with 19 rounds of .22 ammunition loaded. Other ammunition was found in the bag, being 128 rounds of .22 calibre ammunition, six rounds of 12 gauge shotgun ammunition and 32 rounds of 20 gauge shotgun ammunition.

[6]A single .223 rifle round was found on a shelf in the living room.

[7] Lastly, police located two tasers in the living room and a black backpack that contained 26.07 g of cannabis plant.

1 R v Moffatt [2021] NZDC 21202.

[8] Mr Moffatt said the firearm was for his protection but made no further comment.

District Court decision

Sentence indication

[9] Mr Moffatt received a sentence indication from Judge Robinson on the 10 August 2021.

[10] After setting out the background to the offending, the Judge explained that he would treat the charge for possession of methamphetamine for supply as the lead offence. Accordingly, the Judge referenced the bands set out in Zhang v R to determine a starting point.2 He found that Mr Moffatt could correctly be characterised as a low-level dealer given the “modest amount of money” involved and the fact he had not accumulated any significant property. The Judge…

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 Moffatt v The Queen

Details

AGLC: Moffatt v The Queen [2021] NZHC 3297
Case: [2021] NZHC 3297
Decision Date: 3 December 2021

CaseChat Overview and Summary

Timothy Graham Moffatt appealed against his sentence of 24 months' imprisonment for possessing methamphetamine for supply, possession of cannabis, possession of a prohibited magazine, unlawful possession of ammunition, and two charges of unlawful possession of a firearm. The appeal focused on whether a greater discount should have been granted for his addiction issues. The court considered the starting point and discounts applied by the District Court Judge. The starting point of 24 months' imprisonment was deemed appropriate, with a 15% discount for mitigating factors and addiction. The court found that the sentence was within the available range and not manifestly excessive. The appeal was dismissed.

Orders