R v Berkland

[2018] NZHC 1520

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-Ā-TARA ROHE

CRI-2017-091-000902

[2018] NZHC 1520

THE QUEEN

v

WILLIAM ALLAN BERKLAND

Counsel;

E M Light for Crown

C W J Stevenson for Defendant

Sentence:

22 June 2018

NOTES ON SENTENCE OF COLLINS J

Introduction

[1]Mr Berkland, you appear for sentence in relation to 14 charges:

(1)one representative charge of supplying methamphetamine;1

(2)one representative charge of possession of methamphetamine for supply;2

(3)two charges of possession of methamphetamine for supply;3

1      Misuse of Drugs Act 1975, s 6(1)(c) and (2)(a); and Crimes Act 1961, s 66(2); maximum penalty life imprisonment.

2      Misuse of Drugs Act 1975, s 6(1)(f) and (2)(a); and Crimes Act 1961, s 66(2); maximum penalty life imprisonment.

3      Misuse of Drugs Act 1975, s 6(1)(f) and (2)(a); and Crimes Act 1961, s 66(2); maximum penalty life imprisonment.

R v BERKLAND [2018] NZHC 1520 [22 June 2018]

(4)two representative charges of offering to supply methamphetamine;4

(5)one charge of conspiracy to supply methamphetamine;5

(6)one representative charge of supplying NBOMe (a Class B controlled drug – sometimes described as a “psychedelic” drug);6

(7)one representative charge of offering to supply NBOMe;7

(8)one representative charge of possession of NBOMe for supply;8

(9)one charge of possession of cannabis for supply;9

(10)one charge relating to the possession of Diazepam for supply;10

(11)one charge of cultivating cannabis;11

(12)one representative charge of unlawfully possessing a firearm;12

(13)one representative charge of unlawfully possessing ammunition;13 and

(14)one representative charge of unlawfully possessing a taser.14

[2]        You pleaded guilty to these charges following a sentence indication on 20 April 2018.15

4      Misuse of Drugs Act 1975, s 6(1)(c) and (2)(a); maximum penalty life imprisonment.

5      Misuse of Drugs Act 1975, s 6(2A)(a); maximum penalty 14 years’ imprisonment.

6      Sections 6(1)(c) and (2)(b); maximum penalty 14 years’ imprisonment.

7      Sections 6(1)(c) and (2)(b); maximum penalty 14 years’ imprisonment.

8      Sections 6(1)(f) and (2)(b); maximum penalty 14 years’ imprisonment.

9      Sections 6(1)(f) and (2)(c); maximum penalty eight years’ imprisonment.

10     Sections 6(1)(f) and (2)(c); maximum penalty eight years’ imprisonment.

11     Sections 9(1) and (2); maximum penalty seven years’ imprisonment.

12     Arms Act 1983, s 45; and Crimes Act 1961, s 66(2); maximum penalty four years’ imprisonment.

13     Arms Act 1983, s 45; and Crimes Act 1961, s 66(2); maximum penalty three years’ imprisonment.

14     Arms Act 1983, s 50; and Crimes Act 1961, s 66(2); maximum penalty four years’ imprisonment.

15     R v Berkland [2018] NZHC 753.

[3]This afternoon I shall:

(1)set out your offending;

(2)outline the appropriate starting point for that offending;

(3)explain the adjustments that may be made to the starting point; and

(4)provide you with your final sentence.

Offending

[4]        The charges result from a police operation code-named “Operation Walnut” which commenced in November 2016. That investigation targeted the commercial supply of methamphetamine in the Wellington region.

[5]        A surveillance device warrant allowed police to intercept private communications and carry out visual surveillance of two principal targets, yourself and Mr Blance. You…