IN THE HIGH COURT OF NEW ZEALAND ROTORUA REGISTRY
CRI-2015-463-42 [2015] NZHC 2565
BETWEEN MARK HARTLEY MOORE
Appellant
AND
THE QUEEN Respondent
Hearing: 19 October 2015 Counsel:
L L Owen for Appellant
A J Gordon for RespondentJudgment:
20 October 2015
JUDGMENT OF BREWER J
This judgment was delivered by me on 20 October 2015 at 11:30 am pursuant to Rule 11.5 High Court Rules.
Registrar/Deputy Registrar
Solicitors: Rotorua Law Shop Ltd (Rotorua) for Appellant
Gordon Pilditch (Rotorua) for Respondent
MOORE v THE QUEEN [2015] NZHC 2565 [20 October 2015]
Introduction
[1] On 3 July 2015, the appellant, Mr Moore was sentenced by Judge PW Cooper to 18 months’ imprisonment on the following charges:1
(a) One charge of selling a psychoactive substance,2 which carries a
maximum penalty of two years’ imprisonment;
(b) Three charges of possession of psychoactive substances for supply,3
each of which carries a maximum penalty of two years’ imprisonment.
[2] Mr Moore appeals the sentence on the basis that it was manifestly excessive in the light of the prescribed maximum penalty, his overall culpability and the sentence that another offender received.
Facts
[3] The Psychoactive Substances Amendment Act 2014 came into effect on
8 May 2014. Section 88 of the Act made it unlawful to be in possession of or sell or supply a psychoactive substance.
[4] Psychoactive substances are commonly known as “synthetic cannabis”. There is a number of different product names for these banned psychoactive substances. The names include “Karma”, “Puff”, “Southern Lights”, “Apocalypse”, “Hydro Budz AK-47”, “Hydro Budz Hindu Kush”, “Voodoo”, “W.T.F”, “Haze”, “White Rhino” and “Anarchy”. The products are usually packaged in 2 or 2.5 gram measures and are sold in small cardboard packets or metal tins. The street value of these products in Rotorua is approximately $15 to $20 per gram, which is $30 to $40
per tin or packet.
1 R v Moore [2015] NZDC 12738.
2 Psychoactive Substances Act 2013, s 70(1)(a).
3 Section 70(1)(c).
Possession for supply: charge one
[5] On 4 September 2014, the Police executed covertly a search warrant at a storage shed in the Superior Storage Facility at Katoro Drive, Rotorua. The Police entered shed number 243 which was being rented by Mr Moore. In the shed the Police found three cardboard boxes:
(a) The first box contained 21 x 2.5 gram tins of “W.T.F” and 40 x 2.5 gram tins of “Apocalypse”.
(b)The second box contained 35 x 2.5 gram tins of “W.T.F” and 13 x 2.5 gram tins of “Karma”.
(c) The third box contained 70 x 2.5 gram tins of “Karma”.
[6] In total, 179 tins containing 447.5 grams of banned psychoactive products were located in the search of the shed. The street value was between $6,712.50 and
$8,950.
[7] The Police left the shed undisturbed.
Possession for supply: charge two
[8] On 19 September 2014, the Police searched shed 243 again. It was still being rented by Mr Moore. The drugs present on 4 September 2014 had gone. In their place the…
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