IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY
CRI-2015-085-001882 [2016] NZHC 2257
THE QUEEN
v
KATHERINE JANE BIRKINSHAW
Counsel: J M OʼSullivan and S W P Woods for Crown
C B Wilkinson-Smith for Defendant
Sentence:
23 September 2016
NOTES ON SENTENCE OF COLLINS J
Introduction
[1] Ms Birkinshaw, you appear for sentence having pleaded guilty on 29 July
2016 in the Wellington High Court to the following charges:
(1) One representative charge of importing methamphetamine.1
(2) One charge of possession of utensils for smoking methamphetamine.2
[2] You also appear in relation to two more charges, to which you pleaded guilty in the Palmerston North District Court:
(3) One charge of receiving property.3
1 Misuse of Drugs Act 1975, s 6(1)(a) and 2(a). Maximum penalty is life imprisonment.
2 Section 13(1)(a). Maximum penalty one year imprisonment/$500 fine.
3 Crimes Act 1961, ss 246 and 247(a). Maximum penalty is seven years’ imprisonment.
R v BIRKINSHAW [2016] NZHC 2257 [23 September 2016]
[3] You consented to the Crown’s application for all charges to be dealt with
together at sentencing.5
[4] In sentencing you this afternoon, I shall: (1) summarise your offending;
(2) explain the starting point I have adopted;
(3) explain the adjustments I will make to the starting point;
(4) explain the adjustments I will make for personal mitigating factors;
and
(5) explain your final sentence.
Your offending
[5] I begin with the charges you pleaded guilty to in the District Court.
Receiving property
[6] On 21 May 2014 at about 9.30 am police executed a search warrant at
27 Worcester Street, Palmerston North. You own the property and you reside there with your children and partner. The address had a number of surveillance cameras attached to its exterior.
[7] On 28 March 2014 there was a burglary at Lockhart Avenue, Palmerston
North where a watch valued at $40.00 was stolen. The watch had distinctive marks on it and was located in your bathroom.
4 Crimes Act 1961, s 6(1)(f) and (2). Maximum penalty is life imprisonment.
5 Criminal Procedure Act 2011, ss 70 and 138.
[8] On 26 April 2014, there was a burglary at Hooker Pacific Transport, Palmerston North where Kathmandu clothing and apparel valued at approximately
$6,600 was stolen. Some of the clothes were located in a number of rooms at your address.
[9] On 5 May 2014, two “Stoney Creek” rain jackets were shoplifted from the Hunting and Fishing store in Palmerston North. Each has a value of $559.49. One jacket was found in your lounge.
[10] On 18 May 2014, there was a burglary at Noel Leemings, Palmerston North where electronic items including televisions, computers and cellphones valued at
$54,229.34 were stolen. A number of these electronic items were located at your address.
[11] The items subject to the receiving charge to you have pleaded to are: (1) the watch worth $40?
(2) goods from Noel Leemings located in your bedroom valued at
$4,270.
(3) Kathmandu goods located in your bedroom valued at $232.
Methamphetamine…
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- R v Birkinshaw [2016] NZHC 2257
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- [2016] NZHC 2257
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