IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
CRI-2012-404-125 [2012] NZHC 2136
BETWEEN DAN DESMOND NEEDHAM Appellant
ANDNEW ZEALAND POLICE Respondent
Hearing: 20 August 2012
Appearances: R Thomson for the Crown
Appellant in Person
Judgment: 23 August 2012
RESERVED JUDGMENT OF ELLIS J
This judgment was delivered by me on 23 August 2012 at 10 am, pursuant to r 11.5 of the High Court Rules
Registrar/Deputy Registrar
Solicitors: Crown Solicitors, PO Box 2118, Auckland 1140
Copy To: D Needham, 1133 New North Road, Mt Albert, Auckland
NEEDHAM V POLICE HC AK CRI-2012-404-125 [23 August 2012]
[1] Mr Needham appeals against a sentence of 10 months’ home detention
imposed on him by the District Court on 22 March 2012 in relation to:
(a) one count of cultivation of cannabis (Misuse of Drugs Act 1975, s 9(1));
(b) one count of possession of cannabis for supply (Misuse of Drugs Act
1975, s 6); and
(c) one count of selling cannabis (Misuse of Drugs Act 1975, s 6(1)(e)).
[2] Those offences carry maximum penalties of seven, eight and eight years’
imprisonment respectively.
[3] At the heart of Mr Needham’s appeal is his contention that the sentence was manifestly excessive because he should have been sentenced to intensive supervision instead of home detention.
Facts
[4] The following facts were accepted by Mr Needham.
[5] Mr Needham, lives with his co-defendant, Sharlene Peeni. In around April
2011, they discussed growing cannabis as an extra source of income and made a mutual decision to proceed. Mr Needham purchased the requisite materials and set up a cannabis growing operation in the garage of a house in Avondale, where Ms Peeni was the legal tenant.
[6] The operation comprised a fabric tent-like structure, which sealed off a section of the garage. Inside the tent were household fans to circulate air and an artificial light source. In around May or June 20, cannabis seedlings were planted in the tent. The plants were cared for mostly by Mr Needham, but with some assistance from Ms Peeni.
[7] Around the beginning of September, Mr Needham harvested several plants and dried them for sale. He sold tinnies for $20 and larger bags for $50. During September the couple made over $1,500 from the sales.
[8] On 27 September 2011, Police executed a search warrant at the address. They found 13 mature cannabis plants ready for harvesting and 324 grams of cannabis ready for sale. At the price Mr Needham was charging, this equated to a potential earning of $6,480. The cannabis plants not yet harvested had a potential yield of $3,900. The operation was assessed to have potential earnings of $24,000 per annum.
District Court Decision
[9] Mr Needham sought and obtained a sentencing indication. In it, Judge Ryan recorded her view that the offending was at the bottom of Terewi band 2 and that (taking into account the number of offences) a starting point of 28 months was appropriate.[1] After a 25 per cent discount for guilty pleas (22 months),…
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CaseChat Overview and Summary
The legal issues in the case involved the interpretation of the Misuse of Drugs Act 1975, the appropriateness of the sentence imposed by the District Court, and whether there was any basis to conclude that the sentence was manifestly excessive. The appellant argued that the home detention sentence was more difficult than anticipated and that he should have been sentenced to intensive supervision due to the incompetence of his counsel. The court also considered the pre-sentence report, which recommended a sentence of intensive supervision due to concerns about the volatility in the appellant's domestic relationship.
The court held that the appellant's contention that the sentence was manifestly excessive was not supported. The court found that the District Court Judge had appropriately considered the appellant's personal circumstances and the steps he had taken to address issues in his domestic relationship. The court also found that the starting point of 28 months' imprisonment was appropriate for the appellant's offending, and that the sentence imposed was within the range of penalties for the offences. The court dismissed the appeal, holding that there was no basis to interfere with the sentence imposed by the District Court.
The final orders of the court were that the appeal was dismissed, and the sentence of 10 months' home detention, with three months' post-release conditions, imposed by the District Court on 22 March 2012, was upheld.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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