R v Fournier HC New Plymouth CRI-2011-443-000014

[2011] NZHC 1941

IN THE HIGH COURT OF NEW ZEALAND NEW PLYMOUTH REGISTRY

CRI-2011-443-000014

THE QUEEN

v

RHYS JOHN FOURNIER

Hearing:         25 October 2011

Counsel:         J M Marinovich for the Crown

K Pascoe for Accused

Judgment:      25 October 2011

SENTENCING OF WOOLFORD J

Solicitors:

Crown Solicitor, New Plymouth

Nicholsons, DX NP90008, New Plymouth

R V FOURNIER HC NWP CRI-2011-443-000014 25 October 2011

[1]      Rhys  John  Fournier appears for sentence today having pleaded  guilty to supplying  a  point  bag  (one-tenth  of  a  gram)  of  methamphetamine  contrary  to s 6(1)(c) and s 6(2)(a) Misuse of Drugs Act 1975.  The maximum penalty is one of life imprisonment.

[2]      On  4  September  2008,  Claire  Davies  travelled  from  New  Plymouth  to Auckland to visit an associate of the accused, Rafael Pandey-Johnson.  The accused was at that time staying with Mr Pandey-Johnson in Auckland.

[3]      On arrival at their house, Ms Davies asked Mr Pandey-Johnson if he had any drugs.   Mr Pandey-Johnson said that he had only P and that the accused was in charge of it.  Ms Davies then asked the accused if she could “tick up” a bag as she did not have any money.  The accused told her that it was $150 for a point bag of methamphetamine.  Ms Davies told him she would put the money in his bank a bit later.

[4]      The accused left the room and came back carrying a cloth type bundle about the size of a tea towel.   He unwrapped it and there were about 20 point bags of methamphetamine  inside.    The  accused  then  gave  Ms  Davies  a  point  bag  and wrapped the rest of them back up and took them away.

[5]      Ms Davies did not end up paying for the methamphetamine as she smoked it along with the accused and Mr Pandey-Johnson later that night.

[6]      The Crown seeks an end sentence of 12 months imprisonment.  The defence seeks a sentence of 6 – 12 months imprisonment.

[7]      Given the small quantity of methamphetamine involved, the starting point falls at the low end of Band 1 of R v Fatu1 (2 – 4 years).  Supply in small quantities where there is no commerciality and no other aggravating features can attract a starting point below two years.2

[8]      In R v Morrissey Lang J adopted a starting point of 18 months for possession of a point bag of methamphetamine for supply where there was no commerciality involved  (the supply was  a favour for a friend).3      In  R  v Gibbons Venning J considered a starting point of 9 – 12 months appropriate for offering to supply a point bag of methamphetamine.4

[9]      There is an element of commerciality in this case because a price was agreed for the point bag and the accused had about 20 point bags in his possession.  I am of the view that it is therefore more serious than Gibbons as it involved actual supply and I would therefore adopt a starting of 15 months imprisonment.

[10]     A reduction of 20% is appropriate for the accused’s guilty plea.  There does not appear to be any other mitigating factors relevant to the accused.  This results in a final sentence of 12 months imprisonment for the accused.  Mr Fournier, you are accordingly  sentenced  to  12  months  imprisonment  on  the  charge  of  supplying

methamphetamine. You may step down.

Woolford J