[1] Shane Patrick Hannon: you appear for sentence having pleaded guilty to one charge of manufacturing methamphetamine;1 one charge of possession of methamphetamine for supply;2 three charges of unlawful possession of a firearm;3 and two charges of unlawful possession of ammunition.4

[2] Your pleas were entered after I gave a sentence indication, on

13 September 2016, under s 61(1) of the Criminal Procedure Act 2011. In reaching my views as to the appropriate sentences to be imposed today, I have taken into account the helpful submissions I received from counsel at the time of the sentence indication hearing and I rely on the reasons I gave in my written decision.5 I have added some further comment on matters which have been drawn to my attention since the sentence indication. I do not need to do more, however, than summarise what I said earlier.

Factual Background

[3] The relevant facts are that the Police executed a search warrant on an apartment room to which you were connected after surveillance. You were found with two associates, and you had with you a loaded 9 mm pistol and a plastic snap lock container with recently manufactured methamphetamine which weighed
616.5 grams and had a purity of 66 per cent. $176,800.00 in cash was located in the room.

[4] A search warrant was also executed at a factory unit at Wiri. The entry points to the unit were found to be fortified, and there were security cameras around the site. The unit contained a “hidden room” with a drug laboratory within it. 5.6 grams of methamphetamine were found there, as well as a loaded revolver, homemade pistol and ammunition.

[5] That afternoon, the Police also executed a search warrant on a residential address of one of your close associates. The Police located ammunition, three AK 47

1      Misuse of Drugs Act 1975, s 6(1)(b): maximum penalty life imprisonment.
2      Misuse of Drugs Act 1975, s 6(1)(f): maximum penalty life imprisonment.
3      Arms Act 1983, s 45(1)(b): maximum penalty four years' imprisonment and/or $5000 fine.
4      Arms Act 1983, s 45(1)(b): maximum penalty four years' imprisonment and/or $5000 fine.
5      R v Hannon [2016] NZHC 2161.

semi-automatic rifles, six AR15/M4 semi-automatic rifles, an M4 style semi- automatic rifle, a cut down Ruger 10/22 rifle, a Tactical shotgun and two Bolt action rifles.

[6] A search warrant of a deposit box in the name of your girlfriend revealed

$300,650.00 in cash.

Setting a starting point

[7] The leading charge of manufacturing methamphetamine, falls into band 4 of the guideline bands because the amount manufactured was above 500 grams.6 I am required to analyse your role in the manufacturing as well as considering the amounts of…

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 Hannon

Details

AGLC: R v Hannon [2016] NZHC 2600
Case: [2016] NZHC 2600
Decision Date: 1 November 2016

CaseChat Overview and Summary

Shane Patrick Hannon was sentenced for manufacturing methamphetamine, possession of methamphetamine for supply, and unlawful possession of firearms and ammunition. The court considered the seriousness of the drug manufacturing operation, the commercial nature of the operation, and the possession of loaded firearms. The court determined a starting point of 13 years' imprisonment for the manufacturing charge, uplifted by three years for the firearms charges, resulting in a total starting point of 16 years' imprisonment. The court then applied discounts for the defendant's assistance to the police and guilty pleas, resulting in an end sentence of 12 years and 4 months' imprisonment on the lead charge, with all sentences to be served concurrently.

The court considered the defendant's history of drug offending, his age, and his prospects for rehabilitation. The court noted that the defendant had suffered a serious head injury in the past, which led to his turn to drugs and dealing. The court also considered the defendant's expression of remorse and his intention to turn away from past associations and behaviour. The court imposed a minimum period of imprisonment of 50% to meet the purposes of accountability, denunciation, deterrence, and community protection.

The court sentenced the defendant to 12 years and 4 months' imprisonment on the lead charge of manufacturing methamphetamine, with a minimum period of imprisonment of 6 years and 2 months. The court also sentenced the defendant to concurrent terms of imprisonment for the other charges. The total effective sentence was 12 years and 4 months' imprisonment.

Orders