R v Blackburn - [2013] NZHC 151

IN THE HIGH COURT OF NEW ZEALAND NEW PLYMOUTH REGISTRY

CRI 2011-043-2338 [2013] NZHC 151

THE QUEEN

v

RYAN ADAM BLACKBURN

Hearing: 11 February 2013

Appearances: N L Elliott for Crown
P Keegan for Blackburn

Judgment: 11 February 2013

SENTENCING REMARKS OF ALLAN J

Solicitors:
Crown Solicitor New Plymouth
P Keegan, New Plymouth

R V BLACKBURN HC NWP CRI 2011-043-2338 [11 February 2013]

[1] Mr Blackburn, you appear for sentence this morning having pleaded guilty to one charge of conspiring to supply a class C drug, Ecstasy, for which the maximum penalty is seven years imprisonment.

Factual background

[2] You were apprehended by the police as part of an extensive investigation into the sale and supply of illegal drugs in the New Plymouth area, and more broadly the activities of a newly formed Taranaki chapter of the Rebels Gang and their associates.

[3] Between 15 July and 7 August 2011, the police obtained substantial text message evidence that established a relationship between you and Mr Nathan Couper, a member of the Rebels Gang. The various text messages concerned arrangements for the sale and purchase of drugs, including cannabis, but more particularly Ecstasy.

[4] I summarise these text messages as briefly as I can. On 15 July 2011

Mr Couper texted you to ask whether you wanted any cannabis. In turn, you offered him Ecstasy pills. You arranged to meet in a bar.

[5] On the following day, 16 July, you texted Mr Couper, telling him that you had buyers and asked how many Mr Couper had. The inference is that that request was about drugs. The next day you texted Mr Couper to confirm that you were talking about Ecstasy the previous day.

[6] On 24 July, Mr Couper sent you a text saying that he had six pills for sale. You asked what they were and that you needed to wait until Wednesday to “tick them up”; that is to buy them on credit. Mr Couper’s reply was that they were “pink blanks” and that he could not do any ticks that day. You replied that you would find a buyer for the Ecstasy tablets. Several hours later Mr Couper responded, advising that he had only four pills left.

[7] On 28 July, you sent a text to Mr Couper asking if he still had any Ecstasy. His reply was that he did not, but would have some later.

[8] A few days later on 31 July, you against asked Mr Couper if he had any Ecstasy. There seems to have been no reply to that query. On 3 August, you sent him a text asking if he had his “tester”, and if so could he bring it to an associate’s address. A “tester” is understood to be a device for testing the ingredients of pills, or tablets.

[9] On 5 August, Mr Couper sent you a text asking if you could get a particular type of tablet. You said you could. He offered $50. You asked how many…

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.

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Details

Case: [2013] NZHC 151
Decision Date: 11 February 2013

CaseChat Overview and Summary

The case of R v Blackburn involved Ryan Adam Blackburn, who was sentenced for conspiring to supply a Class C drug, Ecstasy. The court heard the case on 11 February 2013, with N L Elliott appearing for the Crown and P Keegan for Blackburn. The court found Blackburn guilty and sentenced him to seven months of home detention. The case was built on extensive text message evidence showing Blackburn's arrangements with Nathan Couper, a member of the Rebels Gang, for the sale and purchase of drugs, particularly Ecstasy. The messages detailed several transactions and negotiations between Blackburn and Couper.

The legal issues the court needed to decide included the appropriate starting point for the sentence, the discount for the conspiracy nature of the charge, and the discount for Blackburn's guilty plea. The court considered the scale and scope of the offending, finding no significant aggravating factors but acknowledging the commercial element and the completed deal. The court also examined Blackburn's personal circumstances, including his previous convictions, his current employment status, his remorse, and his motivation to reintegrate into society and support his pregnant partner and forthcoming child.

The court's reasoning involved setting a starting point of 21 months imprisonment for the offence of dealing in Ecstasy, then reducing it by three months for the conspiracy nature of the charge and by four months for Blackburn's guilty plea. This resulted in a sentence of 14 months imprisonment, which the court deemed a short-term sentence requiring consideration of an alternative like home detention. The court found home detention appropriate due to Blackburn's high motivation to change, his recent progress, and his likelihood of complying with the conditions. The court imposed specific conditions for the home detention, including attending programmes or counselling as directed, abstaining from alcohol and illicit drugs, and obtaining approval for any changes in address or employment.

In conclusion, the court sentenced Blackburn to seven months of home detention on the charge of conspiracy to supply a Class C drug Ecstasy. The sentence was accompanied by conditions that Blackburn must adhere to, including direct travel to a specified address, participation in relapse prevention programmes, and abstention from alcohol and illicit drugs.

Orders