R v Graham CA293/05

Pieter Allan James Graham was convicted in the District Court at Tauranga of possession of equipment for manufacture of a Class B drug and possession of precursor substances, but acquitted of manufacturing methamphetamine. Graham appeals against the sentence of twelve months imprisonment, imposed cumulative on his existing sentence for other offending, which was made by Judge PS Rollo on 21 March 2005. The grounds for the appeal are that the sentence is manifestly excessive and/or inappropriate by being made cumulative on Graham’s existing sentence, and that the Judge failed to take account of implications for Graham’s parole eligibility. The Crown resists the appeal on the grounds that the imposition of a cumulative term was appropriate, that the overall term of the sentence was appropriate in light of the totality principle, and that issues of parole are not generally to be taken into account when determining the appropriate sentence to impose, and in any event were irrelevant in this case. The Court of Appeal held that the appeal was dismissed and leave to appeal out of time was granted. The Court found that the sentencing Judge was correct in rejecting the submission for Graham, and that the imposition of a cumulative sentence did not affect Graham’s parole eligibility date in any event. The Court also found that the cumulative sentence imposed did not result in a total period of imprisonment which was disproportionate to the gravity of the overall offending.