R v Bright - [2013] NZHC 582

IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY

CRI 2012-019-003826 [2013] NZHC 582

THE QUEEN

v

ROGER DAVID BRIGHT

Hearing: 25 March 2013

Counsel: P Cornegé for the Crown
M Talbot for the Prisoner

Judgment: 25 March 2013

SENTENCING NOTES OF WYLIE J

Distribution:
P Cornegé: pvc@almaodouch.co.nz
M Talbot: michael@talbotlaw.co.nz

R V BRIGHT HC HAM CRI 2012-019-003826 [25 March 2013]

[2] Mr Bright, you appear for sentence today having entered guilty pleas to five charges in the District Court at Huntly on 10 July 2012. The details of the charges are as follows:

(a) Cultivating cannabis. That is an offence pursuant to the Misuse of Drugs Act 1975. It is punishable by a maximum term of imprisonment of seven years.

(b)Possession of equipment and materials with intent to use the same to cultivate cannabis. This is also an offence pursuant to the Misuse of Drugs Act. It is punishable by a maximum term of imprisonment of five years.

(c) Theft of electricity. This is an offence in terms of the Crimes Act

1961, and it is also subject to a maximum term of imprisonment of seven years.

(d)Unlawful possession of a firearm. This is an offence under the Arms Act 1983, and it is subject to a maximum term of imprisonment of four years, and/or a $5,000 fine.

(e) Unlawful possession of ammunition. This is also an offence under the Arms Act, again subject to a maximum term of imprisonment of four years, and/or a fine of $5,000.

[3] Following your guilty pleas in the Huntly District Court, you did not seek bail, and you have been remanded in custody since 10 July 2012. You were due to be sentenced on 14 September 2012, but the District Court declined to sentence you, and remitted you to this Court for sentence.

[4] On 7 June 2012, the police executed a search warrant on a property owned by you at Smith Avenue in Huntly. They found an elaborate cannabis growing operation. The three bedrooms inside the house had been set up as growing rooms, with dedicated lighting and air filtration systems, both controlled by timers. There were 116 mature cannabis plants and 26 cannabis seedlings.

[5] A line tap had been installed to divert electricity from the mains power cable to the address. Power was then fed to the three growing rooms via a secondary switchboard. The power usage was not being registered on the main switchboard. The amount of power being used to run the three growing rooms was estimated at approximately nine kilowatts per day, worth approximately $30 per day. The total amount of power stolen is estimated to be worth $4,500. The power belonged to Genesis Energy.

[6] The police found a black semi-automatic 12-guage sawn off shotgun in the ceiling space above the laundry. There was a box beside the shotgun containing
11 rounds of 12-guage ammunition. You do not hold a firearms licence.

[7] The police also found a cannabis bong and a small amount of…

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 Bright

Details

AGLC: R v Bright [2013] NZHC 582
Case: [2013] NZHC 582
Decision Date: 25 March 2013

CaseChat Overview and Summary

Roger David Bright appeared before the High Court at Hamilton Registry to be sentenced on charges of cultivating cannabis, possession of equipment and materials with intent to use for cultivating cannabis, theft of electricity, unlawful possession of a firearm, and unlawful possession of ammunition. The court considered the legal issues of the appropriate starting point and uplift for the related offences, and whether there were any aggravating or mitigating factors. The court found that the cultivation of cannabis was a category 2 offence, which involved relatively small-scale cultivation for commercial ends. The court set an initial starting point of three years and three months' imprisonment. The court then considered the related offending, including the possession of equipment and materials for the cultivation of cannabis, theft of electricity, and the presence of the firearm and ammunition, and found that an uplift was required. The court also considered the aggravating and mitigating factors, including the offender's criminal history, remorse, and personal circumstances. The court allowed a discount for the early guilty pleas, and a further discount for the instrument forfeiture orders and cooperation in paying reparation to Genesis Energy. The final sentence imposed was 17 months' imprisonment, with concurrent sentences for the related charges. The court also made orders for reparation and forfeiture of drugs and drug-related equipment.

In summary, the court found that the offender's cannabis cultivation operation was relatively sophisticated, with an estimated profit of at least $34,800 per cycle. The court considered the related offending, including the possession of equipment and materials for the cultivation of cannabis, theft of electricity, and the presence of the firearm and ammunition. The court allowed discounts for the early guilty pleas, instrument forfeiture orders, and cooperation in paying reparation to Genesis Energy. The final sentence imposed was 17 months' imprisonment, with concurrent sentences for the related charges. The court also made orders for reparation and forfeiture of drugs and drug-related equipment.

Orders