R v B HC Auckland Cri-2005-004-14461

[2007] NZHC 1767

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI-2005-004-014461

THE QUEEN

v

B

Charge:          Possession of Class B controlled drug (MDMA) Plea: Guilty

Appearances: Philip Hamlin for Crown

Raoul Neave for Accused

Sentenced:     29 May 2007

125 hours community work

SENTENCING NOTES OF HARRISON J

SOLICITORS

Meredith Connell (Auckland) for Crown

Raoul Neave (Christchurch) for Accused

R V B HC AK CRI-2005-004-014461  29 May 2007

[1]      Mr B  , you were originally charged with one count of possessing MDMA for  supply.    Earlier  today I discharged  you  on  it.    I substituted  one  charge  of possession simpliciter.  You then pleaded guilty.  I record that that is on the second day of the trial.

[2]      The circumstances of your offending are well known.  You purchased about

50 tablets of Ecstasy from Mr John Waterworth.  I am satisfied that you contacted him and had dealings on a number of occasions for the purpose of buying the drug. In the absence of any evidence to the contrary, I assume that it was for personal use. If so, I trust that you no longer have any purpose in consuming Ecstasy.

[3]      I am sentencing you immediately; there is no need for a probation report. The maximum penalty I can impose is either three months imprisonment or a fine of

$1,000.  Mr Neave, who has represented you with distinction at this trial, advises me that you are unemployed; you have no financial means or savings; you are in receipt of an emergency benefit; and you had a business which has become embroiled in complex litigation.

[4]      I take account of three other critical factors.  One is that in your late 30s you have no previous convictions; in other words, you are a person of good character. Second, you have a serious medical condition.  Third, you are in a stable relationship with Ms Taggart who has supported you through this case.  All those factors, I hope, will enable you to get you life together and play a constructive role in society.

[5]      In the circumstances I convict you on the charge of possessing MDMA and sentence you to a term of 125 hours of community work.  You are to report to the probation officer in Christchurch no later than 2 pm on Friday 1 June.  He or she will make the appropriate directions for placement.

[6]      Mr B  , I trust, as Mr Neave says, that you have learned a lesson.  I trust also that you are never again in a Court of law facing criminal charges.  You have

been leniently treated.  Please use your future time well.  Stand down.

Rhys Harrison J