R v A HC Palmerston North CRI-2005-054-4834

[2006] NZHC 868

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND PALMERSTON NORTH REGISTRY

CRI-2005-054-4834

THE QUEEN

v

A

Hearing:         26 July 2006

Appearances: P S Coles for the prisoner

S C Holt for the Crown

Judgment:      26 July 2006

SENTENCE OF MACKENZIE J

A  ,

[1] You  appear  for  sentence  on  two  counts  of  possession  of  the  class  A  drug methamphetamine and one count of possession of a pistol.  You have pleaded guilty to those charges.

[2] The facts are that on 14 December 2005 police executed a search warrant at your address  and  located  a  number  of  items,  including  for  present  purposes  924 milligrams of methamphetamine and a .22 calibre Derringer pistol, which had originally been constructed as an imitation but which subsequent examination revealed had been converted to facilitate the firing of .22 calibre ammunition.  The barrel had been bored out and a working barrel inserted.   You were charged and

released on bail.  On 11 January, police conducted a second search at the address to

R V A HC PMN CRI-2005-054-4834  26 July 2006

which you had been bailed, and on that occasion there was located, as relevant for present purposes, a bag containing 704 milligrams of crystal methamphetamine.

[3] You  were  originally  charged  with  possession  of  that  methamphetamine  for supply and with a number of other related charges.   Subsequent investigations by your counsel revealed evidence which very responsibly was divulged to the prosecution, who accept that the methamphetamine was not for supply but was all for your own use, and so the charges against you were reduced accordingly.

[4] As to your circumstances, I have the benefit of a stand-down report which has been obtained.  That indicates that during your remand in prison earlier this year you were able to break an intensive and long-term methamphetamine habit, and once you were released from prison you attended two alcohol and drug counselling sessions to ensure you were maintaining your abstinence and dealing with your previous addiction in an appropriate manner.

[5] The  alcohol  and  drug  counsellor  has  advised  that  you  have  addressed  your addiction, so that he feels you are able to cope without further input, and that you have the motivation and means to continue with your abstinence.  It is to be hoped indeed that some good has come of this and that you will be able to continue and to take the opportunity to turn your life around and to free yourself of your addiction to this dreadful scourge.  You are assessed as being eligible and suitable for community work. You have no previous convictions.

[6] As  to  mitigating  factors,  I  take  into  account  your  guilty  plea  and  in  the circumstances I treat that as a plea which has been entered at the first opportunity in that it was entered as soon as the charges were reduced.

[7] So, coming then to the question of sentence, I consider that the recommendation for community work is an appropriate one, and that is the course that I propose to adopt.   As Mr Holt for the Crown submits, the quantities are significant, and that must be reflected accordingly.  As against that, as I have indicated, I treat this as an early guilty plea, to which you are entitled to a discount.

[8] In the circumstances, I consider that the appropriate term of community work is one of 150 hours, and that is the sentence that will be imposed on each of the charges of possession of methamphetamine.  Those are concurrent periods.

[9] As to the firearm charge, Mr Coles submits that you were not aware that it was capable of being fired and that it is the strict terms in which the Arms Act provision is framed that have led to your guilty plea on that count.

[10]     The possession of firearms, particularly in association with drugs, is normally a very serious matter indeed, but I accept that that is not so in your case.  Having looked at the photograph of the firearm concerned, I accept the submission that it was not known to be an offensive weapon in any way.   In the circumstances, I consider the appropriate course on that charge is that you be convicted and discharged.

“A D MacKenzie J”