R v Harvey - [2013] NZHC 2425

IN THE HIGH COURT OF NEW ZEALAND WHANGAREI REGISTRY

CRI-2013-088-001468 [2013] NZHC 2425

THE QUEEN

v

BRENT EDWARD HARVEY

Charges:
Plea:

Cannabis for sale; cultivating cannabis; producing a class B controlled drug cannabis oil; unlawful possession of a firearm and unlawful possession of ammunition

Guilty

Appearances:

C M Gisler for Crown
Te K W Puriri for Prisoner

Sentenced:

17 September 2013

SENTENCING NOTES OF VENNING J

Solicitors: Crown Solicitor, Whangarei
Copy to: W Puriri, Whangarei

R v HARVEY [2013] NZHC 2425 [17 September 2013]

[1] Brent Harvey you are for sentence in this Court having pleaded guilty to possession of cannabis for sale, cultivating cannabis, producing a class B controlled drug cannabis oil, unlawful possession of a firearm and unlawful possession of ammunition. The District Court has declined jurisdiction. That is why you are for sentence in this Court.

Summary of facts

[2] On 27 March this year the police were using a helicopter in the Towai area for the purpose of locating cannabis crops. Cannabis plants were seen in the Monument Road area and a ground crew of police were directed to the location. They identified it as 123 Monument Road. Inside the address were a number of documents addressed to you. About 75 metres from the main dwelling were six cannabis plants ranging in height from half a metre to a metre. A further 200 metres into the property the police found another 24 plants between half a metre and 1.2 metres tall. All of the plants were in various stages of harvesting and all were in head.

[3] Inside the dwelling a pot containing cannabis oil was found in the microwave. A flat glass dish located on a window sill also had some cannabis oil. Various items used in the manufacture of cannabis oil were located throughout the house. They included heating elements, Isopropanol and loose cannabis leaves and head. The loose cannabis leaves and head weighed 110 grams.

[4] In a green Countdown shopping bag the police found 787 grams of cannabis head and also in the same bag they found a North Tec registration form filled out in your name. Located in a paper lined tray was even more cannabis head weighing
793 grams. When initially weighed there was a combined weight of 1570 grams and in July this year when the cannabis was weighed again it had a net dry weight of 885 grams, amounting to about 31.6 ounces. At a street value of $350 an ounce the cannabis head was valued at over $11,000.

[5] When searching the property the police also found a shotgun located partially hidden under a tree stump about 50 metres from the dwelling. It was a 12 gauge

pump action Mossberg shotgun. There were three 12 gauge shotgun cartridges in the gun, one loaded in the chamber and two in the magazine.

[6] When you were spoken to you admitted the cannabis in the house was yours and said it was for your personal use. You also acknowledged…

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 Harvey

Details

AGLC: R v Harvey [2013] NZHC 2425
Case: [2013] NZHC 2425
Decision Date: 17 September 2013

CaseChat Overview and Summary

In the case of R v Harvey, the defendant, Brent Edward Harvey, was sentenced by the High Court of New Zealand at Whangarei. Harvey pleaded guilty to multiple charges including possession of cannabis for sale, cultivating cannabis, producing a class B controlled drug cannabis oil, and unlawful possession of a firearm and ammunition. The District Court had declined jurisdiction over the matter, leading to Harvey's sentencing in the High Court. During a police operation in the Towai area, cannabis plants were discovered on Harvey's property, and a substantial amount of cannabis and cannabis oil was found inside his dwelling. Additionally, a shotgun and ammunition were located on the property.

The legal issues the court needed to address included determining an appropriate sentence that aligns with the purposes and principles of the Sentencing Act, particularly focusing on deterrence, denunciation, and the gravity of the offence. The court considered Harvey's history of drug-related convictions, his current addiction to cannabis, and his lack of demonstrated motivation to cease his criminal activities. The Crown argued for a starting point of two years and six months in imprisonment with uplifts for the totality of the offending and previous convictions. Defence counsel suggested a starting point of two years and three months, citing a similar case.

The court ultimately determined a starting point of two years and four months, adjusted upwards by six months for the totality of the offending, including the firearm possession, and another four months due to the commission of the offences while already serving a sentence. Mitigating factors, primarily the guilty plea, resulted in a 20% reduction. Consequently, Harvey was sentenced to two years and six months for the cannabis-related charges and six months for the firearm and ammunition charges, with the terms running concurrently. The court also ordered the destruction of the drug paraphernalia, the shotgun, and the ammunition.

Orders