R v Bonnar - [2015] NZHC 127

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI-2013-092-9711 [2015] NZHC 127

THE QUEEN

v

GAVIN LANCE BONNAR

Hearing: 10 February 2015

Counsel:

D J Dufty for the Crown
S Tait for the Defendant

Sentence:

10 February 2015

SENTENCING NOTES OF MUIR J

Solicitors: Crown Solicitor, Auckland
Counsel: S Tait, Manukau, Auckland

R v BONNAR [2015] NZHC 127 [10 February 2015]

Introduction

[1] Mr Bonnar, you appear for sentence having pleaded guilty to one charge of supplying the Class A controlled drug methamphetamine, for which the maximum penalty is life imprisonment. You have also pleaded guilty to three charges of supplying a precursor material for the manufacture of methamphetamine (two for the supply of iodine and one for supply of hypophosphorus), for which the maximum penalty is seven years’ imprisonment. Additionally there is one charge of receiving stolen property which exceeds $1,000 in value, the maximum penalty for which is also seven years’ imprisonment; and one charge of forging documents, which has a maximum penalty of 10 years’ imprisonment. These very lengthy potential prison terms reflect society’s condemnation of the offences committed by you. Particularly the drugs related charges do have consequences in untold human misery and despair. You have indicated by your actions a willingness to profit from that misery. That is a matter of which society takes a very adverse view.

Facts

[2] In July and August 2013 the Police carried out an operation investigating the activities of the Manga Kaha Auckland chapter of the Black Power gang. The investigation involved interception and analysis of telecommunications sent and received by members of the gang and their associates, including you. The events that led to the above charges are set out chronologically.

Supplying methamphetamine

[3] On a large number of occasions between 1 June and 28 August 2013, Mr Bonnar, you supplied methamphetamine in amounts varying from 0.1 grams to
1 gram. In total, you supplied 10 grams of the drug.

Receiving stolen property and forging documents (vehicle licence plates)

[4] On 23 July 2013 there was a burglary where a large amount of property was stolen, including electronics, three model cars, two vehicles from the garage, and various tools. One vehicle, a 1985 replica Holden Commodore, was valued at

$20,000. The other vehicle, a 1977 Holden Torana, was valued at approximately

$30,000.

[5] Later the same day and in the days following the burglary you tried to sell the tools. On 30 July 2013 you sold a drop saw for $150 to a store in Panmure. The police recovered that item.

[6] On 30 July 2013 police identified that you communicated with an associate about the need to get fake registration plates made for the stolen vehicles. On
31 July 2013 you offered to sell the Holden Commodore motor vehicle to an associate. The same day you asked your associate, Mr Ward, if he knew anyone who would like to buy the car and that you would accept five grams of methamphetamine as payment. You then sent…

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.

Continue reading R v Bonnar

Details

AGLC: R v Bonnar [2015] NZHC 127
Case: [2015] NZHC 127
Decision Date: 10 February 2015

CaseChat Overview and Summary

Gavin Lance Bonnar was sentenced in the High Court of New Zealand following his guilty pleas to multiple charges including supplying methamphetamine, supplying precursor materials for methamphetamine production, receiving stolen property, and forging documents. The court heard that Bonnar was involved in the activities of the Manga Kaha Auckland chapter of the Black Power gang, and his actions had led to the supply of over 10 grams of methamphetamine, the handling of stolen property including two motor vehicles, and the creation and use of false vehicle license plates. The court acknowledged the significant societal harm caused by Bonnar's drug-related activities and the commercial nature of his offending.

The legal issues before the court involved determining an appropriate starting point and final sentence for Bonnar's crimes, considering both the drug-related and property charges. The court had to balance the need for deterrence, denunciation, and accountability against Bonnar's personal mitigating factors, such as his late guilty pleas. The court also needed to apply the principles of totality to ensure Bonnar's overall sentence reflected his culpability across all charges.

In its reasoning, the court first established starting points for the drug-related and property charges, noting the commercial and gang-related aspects of the offending as aggravating factors. The court applied uplifts for the precursor material charges and for Bonnar's history of failing to heed past sanctions. The court then applied mitigating factors, primarily Bonnar's late guilty pleas, resulting in a discount of approximately 25%. The court concluded that a final sentence of five years and three months imprisonment, with concurrent sentences on the other charges, was appropriate to reflect Bonnar's overall culpability.

The final orders of the court were that Bonnar be sentenced to five years and three months imprisonment on the charge of supplying methamphetamine, with concurrent sentences of two years for each of the precursor material charges, two years for each receiving charge, and six months for the forgery charge.

Orders