R v Haddon - [2012] NZHC 1034

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI-2011-004-22385 [2012] NZHC 1034

THE QUEEN

v

REBECCA BERNICE HADDON

Hearing: 15 May 2012

Counsel: K Hogan and J Pridgeon for Crown
N W Benner for Prisoner

Sentence: 15 May 2012

SENTENCING NOTES OF GENDALL J

Solicitors:
Crown Solicitor, Auckland
Nona W Benner, Auckland

R v HADDON HC AK CRI-2011-004-22385 [15 May 2012]

[1] Rebecca Bernice Haddon, you appear for sentence having pleaded guilty to one charge of cultivating cannabis, one charge of possession of cannabis for the purpose of sale and one charge of possession of a utensil for the consumption of cannabis. The District Court at Auckland declined jurisdiction to sentence you on
15 March 2012, so consequently you appear before me today for sentence.

[2] The facts upon which I sentence you, in summary, are as follows. On

14 September 2011, when you and your ex-partner were at a home in the suburb of Hillsborough in Auckland, the Police visited you for an unrelated purpose. They there found a significant cannabis operation in place in the home. In an upstairs room, there were 30 cannabis plants ranging in height from 30 centimetres to
1.5 metres, growing under heating lights. The room was sealed with black plastic and had a sophisticated exhaust and extraction system. Two parcels of cannabis were located on a drying rack in the room which totalled 828 grams.

[3] In the basement of the home, there was a second growing room, also outfitted with sophisticated heating, light equipment, watering system, fertiliser, air filters and an exhaust system, and a total of 121 cannabis plants, ranging from seedlings to one metre in height. Obviously it was intended that the seedlings would grow to their mature height for harvesting.

[4] Apart from those cultivation operations, there was, in a freezer, 2.1 kilograms of frozen cannabis material. The Police also found at the home 60 snaplock plastic bags and one set of electronic scales, items well known to be necessary for those who deal and supply cannabis. There was a modified plastic drink bottle also present and which was used by you to consume cannabis.

[5] Although you have a drug habit, and some of the product was destined for your own use – indeed your counsel submits that you claim that most of it was - clearly the cultivation was for commercial purposes. The Police assessment of the yield of plant, if all was harvested, dried and sold, was between $100,000 and
$305,000. Now such assessments are often just guesses or matters of opinion, and I view it in that light. But this was not an amateur attempt to cultivate, but a significant enterprise by people – that is you and others – who knew exactly what

they were doing and invested significant capital and effort into the operation. The yield must have been in the many thousands of dollars.

[6] You pleaded guilty at an early stage, but your ex-partner has pleaded not guilty and is…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Haddon

Details

AGLC: R v Haddon [2012] NZHC 1034
Case: [2012] NZHC 1034
Decision Date: 15 May 2012

CaseChat Overview and Summary

Rebecca Bernice Haddon appeared before the Auckland Registry of the High Court of New Zealand for sentencing after pleading guilty to cultivating cannabis, possessing cannabis for sale, and possessing utensils for cannabis consumption. The case was transferred from the District Court, which had declined jurisdiction to sentence. The court heard that Haddon and her ex-partner were running a sophisticated cannabis operation in their home, complete with heating, lighting, and extraction systems. The police found a substantial amount of cannabis plants, dried cannabis, and equipment for dealing and supplying cannabis. The court acknowledged the commercial scale of the operation, with an estimated yield value between $100,000 and $305,000. Haddon's guilty plea and her role in the operation, though significant, were considered in the context of her personal circumstances, including her drug habit and previous convictions.

The court needed to determine the appropriate starting point for sentencing, considering the nature and scale of the cannabis cultivation and supply, and whether any personal circumstances warranted mitigation or aggravation. The court also had to decide whether home detention was a suitable alternative to imprisonment, considering Haddon's breach of community work in 2009 and her drug habit. The Crown argued for a starting point at the higher end of the range for small-scale commercial cultivation, while Haddon's counsel proposed a lower starting point. The court found that Haddon's case fell within the upper range of small-scale commercial cultivation and set a starting point of three years' imprisonment. After applying a 25% discount for the guilty plea, the indicative sentence was two years and three months. Given this sentence, home detention was not an option.

Ultimately, the court sentenced Haddon to concurrent terms of two years and three months' imprisonment for cultivating cannabis and possessing it for sale, and one month's imprisonment for possessing utensils for cannabis consumption. The court also ordered the destruction of the cannabis plants, equipment, and utensils used in the cultivation operation.

Orders