R v Brown HC Auckland CRI 2009-092-8421
[2010] NZHC 921
•11 June 2010
IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
CRI-2009-092-8421
THE QUEEN
v
WILLIAM CHASNEY BROWN
Charges:Possession of cannabis for supply; Theft;
Failing to answer District Court bail (2); Breaching conditions of intensive supervision; Breach of community work
Plea: Guilty
Appearances: Paula Van Tiel for Crown
James Maddox for Prisoner
Sentenced: 11 June 2010
Possession of cannabis for supply - 1 year 8 months imprisonment
Theft - 6 months imprisonmentFailingto answer District Court bail, breaching conditions of supervision, breach of community work -
3 months imprisonment
SENTENCING NOTES OF HARRISON J
SOLICITORS
Meredith Connell (Auckland) for Crown
James Maddox (Auckland) for Prisoner
R V BROWN HC AK CRI-2009-092-8421 11 June 2010
[1] Mr Brown, you appear for sentence today on charges of possession of cannabis for supply, theft, failing to answer District Court bail, breaching conditions of supervision, and breach of community work.
[2] The facts are not in material dispute. Before I deal with them, I acknowledge the presence in Court today of your father and mother. It is important that you have whanau support.
Facts
[3] On 8 January 2010 the police executed a search warrant on an address at Bairds Road, Otara. You were in the dining room. After searching the property the police found 87 tinnies inside a plastic bag located in the dining room freezer among food items. While the police were at the address, about 20 people arrived. They were there individually for the purpose of buying tinnies from you. Each was carrying sufficient cash to pay $20 for a cigarette. It was plain that you were there operating a small scale cannabis selling business.
[4] The police have also discovered that in May 2009 you committed what Mr Maddox calls an opportunistic theft. You were walking past a Ford Explorer vehicle that was parked in Massy Road, Mangere. Inside it you saw a HP laptop computer with a value of $2,500. You were able to get into the car because it was unlocked. You placed the computer under your jersey and you ran away. The owner of the vehicle pursued you. To your credit, Mr Brown, when you reached your address you had a change of heart. You decided to return the computer to the owner, which is to your credit. However, the owner found after return that the battery pack and cover were missing. Again you admitted the charge, Mr Brown. You acknowledged that you had behaved stupidly.
[5] Against that background I must fix the starting point for your sentence. The starting point is the appropriate term of imprisonment to reflect the wrongdoing of the offending before I take into account any favourable features.
[6] I have had the benefit of very helpful submissions from both Crown and Mr Maddox. Drawing on my own experience in this area, I am satisfied that a starting point of two years imprisonment is appropriate for your drug offending. It was premeditated; you were dealing in drugs for profit. However, as I noted before, you were operating at the low end of the scale. That starting point is, of course, for the charge of possession of cannabis for supply.
[7] An additional increase of six months is appropriate for your theft of the computer. Even if I had not broken down the adjusted starting point of two-and-a- half years in that way, I am satisfied that looking at your offending in totality that starting point is proper.
Mitigation
[8] However, as Mr Maddox will have told you, you are entitled to a substantial discount from the two-and-a-half year starting point for your pleas of guilty. They are an acknowledgement, Mr Brown, of your remorse and by pleading guilty you have saved the state the cost of a trial.
[9] You cannot draw on any other favourable factors. At 32 years of age you have a lengthy criminal history. Most of it is of a relatively minor nature. I take into account the fact that you have suffered emotionally in your life. In particular, you have laboured under the burden of depression and other social and psychiatric difficulties.
[10] Taking all those factors into account, Mr Brown, I allow you a discount against the starting point of two-and-a-half years of 10 months. Accordingly, the end sentence imposed on the charge of possessing cannabis plant for supply is one
year and eight months imprisonment. On the charge of theft from a vehicle, you are sentenced to six months imprisonment. On the other charges of breaching community work, failing to answer District Court bail, and breaching conditions of intensive supervision, you are sentenced to terms of three months imprisonment. All of those terms are concurrent, Mr Brown; that is, they run side by side. The result is that the ultimate term of imprisonment you must serve is one year and eight months imprisonment.
[11] Additionally I impose the following release conditions:
(1)To attend a psychological assessment and comply with any recommendation of that assessment including psychological counselling or treatment to the satisfaction of the probation officer and psychologist;
(2)To attend an assessment for alcohol and drugs and if found suitable to attend and complete an appropriate treatment/counselling programme to the satisfaction of your programme provider. Details of the appropriate programme to be determined by your probation officer;
(3)To attend any other identified programme(s) or counselling to the satisfaction of the probation officer and programme provider;
(4)To reside at an address approved by a probation officer and not to move address without the prior written approval of a probation officer;
(5)Not to communicate or associate with any criminal associate(s) nominated in writing and without prior approval by a probation officer
(6)To abstain from the consumption and possession of alcohol and illicit drugs for the duration of the sentence.
[12] Mr Brown, you have committed serious offences but I understand your
general emotional situation. I wish you well. Stand down.
Rhys Harrison J
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