R v Box

[2012] NZHC 3435

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

CRI 2010-009-008952 [2012] NZHC 3435

REGINA

v

JASON DONALD BOX

Hearing:         14 December 2012

Counsel:         B Hawes and N Robson for Crown

PHB Hall for Prisoner

Judgment:      14 December 2012

SENTENCING REMARKS OF WHATA J

[1]      Mr Box you have pleaded guilty to two charges, namely conspiracy to supply methamphetamine and possession of methamphetamine for supply.   You were sentenced by me on 1 November 2012 to three years and two months for conspiracy to supply but by agreement sentencing on the possession charge was deferred for the purposes of a disputed facts hearing.  You have now elected to proceed without that disputed facts hearing and I note that that will save the Court and counsel some time and cost.

[2]      The  wider  background  to  your  offending  is  set  out  in  my  sentencing indication[1] and in my sentencing remarks[2] in relation to the charge of conspiracy to

supply. There is no need to repeat them here.

R V BOX HC CHCH CRI 2010-009-008952 [14 December 2012]

[1] R v Box [2012] NZHC 1520

[2] R v Box [2012] NZHC 3004.

[3]      The focal point of this sentencing concerns possession of methamphetamine at your house and in a container on a property that you rented and shared with your landlord.   In combination that methamphetamine amounts to 18.3 grams, 17.4 of which were located in the container.

Sentencing approach

[4]      I have previously noted your personal circumstances and matters relating to you personally. Those factors equally inform the present assessment.

[5]      In reality, this sentence must be seen in light of the sentence that I handed down to you of three years and two months in relation to the conspiracy to supply.  I had  foreshadowed  in  my sentencing indication  that  should  I find  you  guilty of possession of the 17.4 grams then the sentencing range for a starting point would shift from 41-51 months to 61-71 months.  Since giving that sentencing indication I have had the opportunity to reflect in more detail on your sentence and including relative  to  the  other  offenders  who  participated  in  a  methamphetamine  ring controlled by Mr Newton. Also as I noted in your previous sentencing, you played a comprehensive role in a network run by Mr Newton.  But I remind myself that your sentencing relates only to conspiracy to supply and then to possession.

[6]      If I had to approach your sentencing on the possession charge at the same time as the conspiracy offending, having regard to a range of authorities, and bearing in mind that the maximum sentence for possession for supply is life imprisonment, I would  have  been  minded  to  impose  a  sentence  of  three  years  imprisonment concurrent on the sentence for conspiracy.  I would then have imposed an uplift, to reflect the totality of your offending, of nine months.

[7]      As  I  am  however  in  the  somewhat  unusual  situation  of  sentencing  you separately on the possession offending, I consider that I should commence with a starting point sentence of nine months for possession and cumulative on the existing sentence but discounted for the factors I outlined at paragraph [11] of my sentencing on the conspiracy.   I also think there should be a small discount to take into account the way you have approached this sentencing and the time that you have saved.

[8]      Accordingly Mr Box, on the charge of possession for supply I sentence you to six months imprisonment to be served cumulatively with the sentence for conspiracy to supply.

Solicitors:

Raymond Donnelly & Co, Christchurch

PHB Hall, Christchurch