IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY
I TE KŌTI MATUA O AOTEAROA KIRIKIRIROA ROHE
CRI-2020-019-3685
[2021] NZHC 1333
THE QUEEN v
ROMAN JOHN COSSEY
Hearing: 8 June 2021 Appearances:
C K Whyte for the Crown
J S Gurnick for the Defendant
Date of sentence:
8 June 2021
SENTENCING NOTES OF JAGOSE J
Counsel/Solicitors:
J S Gurnick, Barrister, Hamilton
Hamilton Legal, Crown Solicitor, Hamilton
R v COSSEY [2021] NZHC 1333 [8 June 2021]
[1] Ms Cossey, on your guilty pleas, Gault J entered convictions against you in this Court on 21 April this year for representative charges of:1
(a)supplying methamphetamine;2and
(b) offering to supply methamphetamine;3 and then specific charges of:
(c)possession of methamphetamine for supply;4 and
(d)breach of a parole condition.5
The Crown offers no evidence on the balance of its charges against you, and I dismiss them.
[2] I now am to sentence you for your convictions. In sentencing you, I must accept as proven all facts essential to your guilty pleas.6 The Crown recommends you be sentenced to between two and a half to three years’ imprisonment. Your lawyer, James Gurnick, recommends a community-based sentence and, if so, seeks to adjourn your sentencing to enable further steps to be taken before that sentence is finalised. I am not bound by the lawyers’ views. I have to come to my own decision. I must satisfy myself of the appropriate sentence for the gravity (or seriousness) of your offending, including your culpability (or responsibility) for it.
Background
[3]I briefly address the background to your offending.
[4] On 20 January last year, the Waikato Police Organised Crime Squad began an investigation into the manufacture and supply of methamphetamine in the Waikato and
1 R v Cossey HC Hamilton CRI-2020-019-3685, 21 April 2021 (Minute of Gault J) at [1].
2 Misuse of Drugs Act 1975, s 6(1)(c). Maximum penalty: life imprisonment.
3 Section 6(1)(c). Maximum penalty: life imprisonment.
4 Section 6(1)(f). Maximum penalty: life imprisonment.
5 Parole Act 2002, s 71(1). Maximum penalty: one year’s imprisonment or a fine not exceeding
$2,000.
6 Sentencing Act 2002, s 24(1)(b).
Auckland areas. The investigation uncovered what police characterise as a “highly organised and lucrative drug dealing business”.
[5] You are one of 29 people arrested in connection with that investigation. You and four others, occupied the lowest tier of that group, having had the least degree of involvement in the operation. You were supplied methamphetamine from members of the group, which you sold to your own contacts. You operated in a similar way to co- defendants including Jane Paki, who already has been sentenced for her involvement.
[6] The summary of facts on which you pleaded guilty records you supplied, or offered to supply, methamphetamine on at least 36 occasions. While the total amounts of methamphetamine you supplied in those transactions remain uncertain, on 13 occasions you supplied methamphetamine totalling 12.25 grams, and on 23 occasions you offered to supply methamphetamine totalling 102.5 grams. These facts gave rise to the charges of…
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- R v Cossey [2021] NZHC 1333
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- [2021] NZHC 1333
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