IN THE HIGH COURT OF NEW ZEALAND WHANGAREI REGISTRY
CRI-2014-088-003309 [2017] NZHC 675
THE QUEEN
v
BROWNIE JOSEPH HARDING
Hearing: 7 April 2017 Appearances:
Michael Smith and Richard Annandale for the Crown
Mark Edgar for the DefendantJudgment:
7 April 2017
SENTENCING NOTES OF MOORE J
R v HARDING [2017] NZHC 675 [7 April 2017]
Introduction
[1] Brownie Joseph Harding, at the age of 40 you appear today for sentence having pleaded guilty on 2 June 2016 to 11 charges brought under the provisions of the Misuse of Drugs Act 1975 and the Crimes Act 1961. You later applied to vacate some of those pleas. I dismissed that application earlier this week. I shall return to that application and the other application I heard on Wednesday, later in these remarks.
[2] The 11 charges relate, directly and indirectly, to the massive methamphetamine manufacturing and distribution network which you masterminded and directed in the latter part of 2014.
[3] The details of the charges are set out in a table which will appear in my sentencing notes.
Charge Particulars Dates of Offences Maximum penalty 1 Manufacture methamphetamine 23 to 26 September
2014
Life imprisonment 2 Manufacture methamphetamine 30 September to 1
October 2014
Life imprisonment 3 Manufacture methamphetamine 8 to 9 October 2014 Life imprisonment 4 Manufacture methamphetamine 20 to 23 October
2014
Life imprisonment 5 Manufacture methamphetamine 28 to 31 October
2014
Life imprisonment 6 Supplied Evanda Harding with
Pseudoephedrine
30 October 2014 14 years’
imprisonment
7 Conspired to supply class A
controlled drug
5 November 2014 14 years’
imprisonment
8 Manufacture methamphetamine 6 to 14 November
2014
Life imprisonment 9 Possessed a class A controlled drug for supply 14 November 2014 Life imprisonment 10 Conspired to supply methamphetamine 15 November 2014 14 years’
imprisonment
11 Participates in an organised criminal group 23 September 2014 to 16 December 2014 10 years’
imprisonment
[4] The seriousness of your offending is underscored by the fact that seven of the
11 charges carry a maximum penalty of life imprisonment.1 The 11 charges include six of manufacturing methamphetamine, two of conspiring to supply methamphetamine, possession for supply, supplying pseudoephedrine and participating in an organised criminal group. As I am sure Mr Edgar will have explained to you the real issue for me today is whether the extent and seriousness of your offending should be reflected by the imposition of a term of life imprisonment or whether, instead, I should impose a lengthy finite sentence, and if so, of what duration.
[5] A sentence of life imprisonment means just that. It means that you would be liable for imprisonment for the rest of your life. You would only be released if the Parole Board decided that you were a suitable candidate for release. Whatever the position, this could not happen before you had served a minimum period of 10
years.2 And if parole was granted you would be subject to monitoring for the rest of
your life and could be recalled to continue serving your…
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