R v Broughton HC Whangarei CRI 2010-088-3526

[2011] NZHC 855

IN THE HIGH COURT OF NEW ZEALAND WHANGAREI REGISTRY

CRI 2010-088-3526

THE QUEEN

v

KARA JASON BROUGHTON

Hearing:         21 February 2011

Counsel:         A Jarman-Taylor for Crown

N Leader for Prisoner

Judgment:      21 February 2011

SENTENCING NOTES OF HEATH J

Solicitors:

Crown Solicitor, Whangarei
Counsel:

N Leader, Whangarei

R V BROUGHTON HC WHA CRI 2010-088-3526 21 February 2011

Introduction

[1]      Kara Jason Broughton, you appear for sentence today, having pleaded guilty in the District Court to drug related offending.

[2]      You have pleaded guilty to one charge of selling the Class C controlled drug, cannabis, and one of possessing that drug for supply. The maximum penalty for each of those offences is eight years imprisonment.  You have also pleaded guilty to one charge of producing cannabis oil, a Class B controlled drug.  That offence carries a maximum penalty of 14 years imprisonment.

[3]      The Crown accept that the cannabis oil was for your personal use and I

sentence on that basis.

Facts

[4]      At about 8.40pm on 6 August 2010, the Police arrived at your home address in Whangarei to conduct inquiries on an unrelated matter.  While speaking to your partner at the front door, the officers detected a smell of cannabis coming from the house.  Unwarranted search powers were exercised.  When spoken to, you admitted to smoking cannabis.

[5]      In the garage the Police located a silver baking dish on a hot-plate, on a wooden bench. The hot-plate was switched on and the silver baking dish contained a green liquid substance being boiled.  In explanation you said that you were “doing oil” and that the oil was for your “tiger balm tin”.

[6]      In the house, the Police found approximately 46 cannabis tinnies and $90 cash on the kitchen table.  A further $180 was located in denominations of $20 and

$50 notes.  In the kitchen there were also two jugs of cannabis leaf material that had been soaked in isopropyl alcohol.  There was a pot next to the stove containing a green coloured liquid smelling of cannabis a form of alcohol.  Approximately three ounces of cannabis plant material was also located in the laundry area.

[7]      Your  partner  stated  that  she  and  you  had  been  selling  cannabis  since

December 2009 and that you would make around $200 a day from that source.

[8]      At the time of the search there were four school aged children in the lounge. A Police radio-scanner was found on top of the fridge.

Analysis

[9]      For  drug  related  offending,  particularly  when  someone  has  a  previous conviction for possessing for supply, deterrence must be the primary sentencing goal. You must be held accountable to the community for what you have done.   Your conduct is denounced.

[10]     On  the  other  side  of  the  equation,  you  have  accepted  responsibility immediately for what you have done by entering very early guilty pleas.  You are entitled to credit of some significance for that. Also, the remorse you have expressed seems to be backed up by the efforts you are making to do something about the problem you have with cannabis and that will be taken into account in fixing the credit for which you are entitled for the guilty pleas.

[11]     The number of tinnies, plants and cash located on the search of the premises suggests to me a modest size commercial operation run for gain.  That is supported by what Ms Fenton told the Police.  The starting point for cannabis dealing of that type is between two and four years imprisonment.[1]

[1] R v Terewi [1999] 3 NZLR 62 (CA) at para [4].

[12]     I choose a starting point of two years nine months for your offending.  There will be an uplift of six months to reflect the involvement in cannabis oil.  In addition, I add another month to reflect the previous conviction.  I am then deducting a third to reflect your early guilty pleas, which includes the remorse you have shown.   The

timing of the pleas is what influences the high credit that you have been given.

Sentence

[13]     The end sentence therefore is one of two years three months imprisonment. You are sentenced to that on each of the charges you face.  Those sentences will be served concurrently, so the effective sentence is two years three months imprisonment.

[14]     I make an order forfeiting the cash located at the premises and an order for destruction of the drugs and related paraphernalia.

[15]     I make an order suspending your existing community work sentence, while you are in prison.

[16]     Stand down please.

P R Heath J