Police v Li - [2013] NZHC 1377

IN THE HIGH COURT OF NEW ZEALAND PALMERSTON NORTH REGISTRY

CRI 2012-054-3190 [2013] NZHC 1377

NEW ZEALAND POLICE

v

JIREN LI

Hearing: 11 June 2013

Counsel: Mr P Murray for Crown
Mr S Winter for Li

Sentence: 11 June 2013

SENTENCING REMARKS OF MALLON J

Introduction

[1] Mr Li you appear for sentencing today having pleaded guilty to the following charges:

(a) three charges of sale of a temporary Class C controlled drug, namely

JWH-018 (commonly known as “Kronic”);1

(b)one charge of possession of JWH-018 or Kronic for the purpose of sale;2 and

(c) one charge of unlawful possession of a pistol.3

1      Misuse of Drugs Act 1975, s 6(1)(e).
2      Misuse of Drugs Act 1975, s 6(1)(f), with a maximum penalty of eight years’ imprisonment.
3      Arms Act 1983, s 50(1)(a), with a maximum penalty of three years’ imprisonment and/or a fine
not exceeding $4,000.

NEW ZEALAND POLICE v LI [2013] NZHC 1377 [11 June 2013]

[2] There was an error in the informations in relation to the charges of sale in that the wrong section was referred to and I note that, by consent, this is corrected by me.4 The Crown is not proceeding with a further charge in relation to the sale of AKB-48 (also known as K2) because it has not been able to be confirmed that the product contained AKB-48. You are therefore discharged on that count.

[3] You appear for sentencing in this Court because the District Court declined jurisdiction. That was on the basis of the summary of facts as it was then prepared. It has since been amended.

Circumstances of the offending

[4] Your offending relates to the sale of synthetic cannabis substances that you stocked at your store, Ace Discount Tobacconist. Kronic is a brand-name for a type of synthetic cannabis. It contains JWH-018. From 16 August 2011 it has been a Class C controlled drug under the Temporary Class Drug Notices.5 The Palmerston North police were alerted to your activities by concerned members of the public.

[5] Between June and October 2012, police carried out an investigation into your store. This involved three occasions in that period that a special duties police officer asked you for Kronic. On each occasion you reached under the counter for a small clear plastic bag which contained between 2.5 and 2.8 grams of dried plant material for $40. These sales took place on 21 June 2012, 24 July 2012 and 7 September
2012. Subsequent ESR testing of the material that was sold to the special duties officers found that it contained JWH-018.

[6] The police subsequently executed search warrants at your store and home on

18 October 2012. At your store, the police discovered 4,861 packets of synthetic cannabis, including 491 packets of Kronic. The packets of Kronic have a total retail value of $19,640. However the packets of Kronic were not tested by the ESR and it
is therefore not known whether they contained JWH-018.

4 The informations refer to s 6(1)(f) of…

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 Police v Li

Details

AGLC: Police v Li [2013] NZHC 1377
Case: [2013] NZHC 1377
Decision Date: 11 June 2013

CaseChat Overview and Summary

In the High Court of New Zealand, the case of New Zealand Police v Jiren Li was heard for sentencing. Mr Li had pleaded guilty to multiple charges, including the sale of the temporary Class C controlled drug JWH-018, possession of JWH-018 for the purpose of sale, and unlawful possession of a pistol. The court had to determine an appropriate sentence considering the totality of Mr Li's offending and relevant mitigating factors. The key legal issues involved assessing the severity of the offences, considering Mr Li's personal circumstances, and determining whether a home detention sentence would be appropriate.

The court first corrected an error in the informations concerning the charges of sale. It then noted the circumstances of the offending, which involved Mr Li selling synthetic cannabis substances from his store, Ace Discount Tobacconist. Police investigation revealed that Mr Li had sold JWH-018 on three occasions between June and October 2012. A search of Mr Li's store and home uncovered a large quantity of synthetic cannabis packets, many of which were not tested for the presence of JWH-018. The police also found an illegally modified .22 firearm at Mr Li's store. Mr Li accepted responsibility for his offending and had no previous convictions.

Considering all factors, the court decided on a starting point of around two years and six months' imprisonment, uplifted for the unlawful possession of the firearm. However, taking into account mitigating factors such as Mr Li's early guilty plea and low risk of reoffending, the court deemed a sentence of home detention appropriate. The court imposed a ten-month sentence of home detention, concurrent sentences of ten months for the three sale charges, and a concurrent two-month sentence for the firearms charge. The court also ordered the forfeiture and destruction of all seized exhibits and products.

In conclusion, Mr Li was sentenced to a total of ten months' home detention for his offending, with concurrent sentences for the individual charges. The court ordered the forfeiture and destruction of all seized products and the illegally modified firearm.

Orders