R v Box

[2012] NZHC 3004

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

CRI 2010-009-008952 [2012] NZHC 3004

REGINA

V

JASON DONALD BOX

Hearing:         1 November 2012

Counsel:         B Hawes and N Robson for Crown

PHB Hall for Prisoner

Judgment:      1 November 2012

SENTENCING REMARKS OF WHATA J

[1]      Mr Box I am sentencing you today on one charge of conspiracy to supply a Class A controlled drug.  You have also been charged with possession of a Class A controlled drug but by agreement sentencing on that aspect has been deferred.

Wider background

[2]     It is important to set your activities within the wider context of the methamphetamine enterprise that you have been associated with.  As you will know, Mr Newton was a central figure in that enterprise.  He obtained funds in early 2010 for the purpose of methamphetamine production and sale.   Mr Newton sourced pseudoephedrine products and equipment, for example, from Mr Situ. Pseudoephedrine was extracted from these products by various persons.  Mr Newton

and yourself then took the precursor substances to cooks, including Mr Miles and

R V BOX HC CHCH CRI 2010-009-008952 [1 November 2012]

Mr Lee.  Mr Smith  and  Mr Harris  were  also  cooks.  Methamphetamine  was  then manufactured by them, uplifted by yourself and Mr Newton, and sold through a distribution network comprising Mr Manuel, Mr Linton, Mr Black and yourself. You would receive orders via cell phone and deliver product and uplift cash.

[3]      As a result of the police investigation into these activities, five clandestine laboratories were located.  A total of 109 gms of methamphetamine was found at four addresses, at a street value of over $100,000.   Various types of substances containing  pseudoephedrine  were  also  located  at  four  addresses,  capable  of producing methamphetamine worth between $216,000 and $306,000.  $134,855 was also found.

Your role

[4]      In terms of your role, in the period 20 April 2010 to 27 May 2010 there are numerous text messages involving you concerning payment for drugs, sourcing precursors, and involvement of other defendants.

[5]      There are still further texts linking you to Mr Lee and actions taken by you, with other defendants (including Mr Newton, Ms Aitken, and Mr Black) in response to a police raid on Mr Lee’s address.  Other texts link you to a new clandestine lab on Cashel Street.  There is further correspondence linking you to another defendant, Mr Miles.

[6]      Overall, it can be seen that if the police summary of facts is correct and it appears fairly so, you played a comprehensive role in a network run by Mr Newton. In particular you assisted Mr Newton by:

(a)       Obtaining pseudoephedrine products and extracting pseudoephedrine from these products; and

(b)Obtaining     other     chemicals     used     in     the     manufacture     of methamphetamine; and

(c)       Supplying and selling methamphetamine.

[7]      However,  for  present  purposes,  of  the  present  sentencing,  your  role  was confined essentially to conspiracy to supply methamphetamine.

Maximum penalties

[8]      The maximum penalty faced by you on this charge Mr Box is 14 years imprisonment.

Sentencing approach

[9]      Turning then to my sentencing approach.  Both the Crown and your counsel accept that my sentencing indication given previously remains an appropriate guide for your sentence.   This sentence should be understood in conjunction with that sentencing indication, as I do not propose to repeat the analysis I undertook there.

[10]     I observe that I put your offending or activity in the pre-sentencing indication as similar to that of Mr Linton.  But having regard to all of the evidence I do not think it is right to set your starting point by reference to Mr Linton.  Having regard to the facts as set out I consider an appropriate starting point for you is four and a half years (54 months) imprisonment.

[11]     I want to now however focus on the material additional matters that should bear on your final sentence.  They are: first, this sentence assumes that you did not possess the 17.4 grams that I previously referred to in my sentencing indication; and second, I now have the benefit of a pre-sentence report and testimonials that strongly suggest that  you are remorseful, that  you  acknowledge the harm that  you have caused  and  the  harm  caused  by  methamphetamine  and  that  you  have  taken significant steps to turn your life around.    I also note that there are testimonials confirming that you are a good person.   Third, you have three children by previous partners, with whom you continue to have a positive relationship.   Fourth, I now understand that you initially engaged with the Crown about a guilty plea as early as December last year.

[12]     Taking all of these factors into account and having regard to the starting point mentioned above of 54 months, I now apply a discount to reflect those matters of

10% in relation to your remorse and the steps that you have taken to turn your life around, all demonstrating that there will be real benefit in your rehabilitation and that you will take up whatever opportunity is afforded to you to rehabilitate, and I think there should be a further discount for the guilty plea given that you did indicate earlier in the piece that you were prepared to proceed on a guilty basis and that is significant because methamphetamine trials are a huge burden on the State and so it is a worthy credit to you that you did offer to plead guilty at an earlier stage.

[13]     The effect of that is that I therefore will discount the original starting point or the initial starting point of 54 months by 30% with a result that your end sentence will be 38 months or three years and two months.

[14]     You may stand down Mr Box thank you. [Discussion with counsel]

[15]     Mr Box you are remanded in custody until 14 December at which time we will consider whether or not you are to be sentenced on the other charge.

Solicitors:

Raymond Donnelly & Co, Christchurch

PHB Hall, Christchurch