R v Hayman

[2021] NZHC 642

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE

CRI-2019-085-001094 CRI-2019-085-001849

CRI-2020-004-008811 [2021] NZHC 642

THE QUEEN

v

JAZINDA LEE HAYMAN

Hearing:

26 March 2021

Counsel:

T G Bain for the Crown

B Crowley for Ms Hayman

Sentencing:

26 March 2021

SENTENCING NOTES OF GWYN J

Introduction

[1]                  Jazinda Lee Hayman, you appear for sentence having pleaded guilty to eight charges in total: six charges of possession of methamphetamine for supply;1 one charge of possession of cannabis;2 and one charge of failing to carry out obligations in relation to a computer system search.3

1      Misuse of Drugs Act 1975, s 6(1)(f) and 6(2)(a) and Crimes Act 1961, s 66; maximum penalty life imprisonment.

2      Section 7(1)(a) and (2); maximum penalty three months’ imprisonment or fine of $500.

3      Search and Surveillance Act 2012, s 178; maximum penalty three months’ imprisonment.

R v HAYMAN [2021] NZHC 642 [26 March 2021]

[2]                   You came before me for a sentence indication in November 2020.4 I indicated a maximum end sentence of three years’ imprisonment. At that time I did not have all relevant reports before me that might indicate a further discount is warranted.

[3]You accepted that sentence indication and pleaded guilty on 6 November 2020.

[4]                  I now have a Provision of Advice to Courts (PAC) Report dated 13 March 2021 and a Psychological Assessment from Dr Duncan Thomson, dated 22 February 2021. Those reports have given me more relevant information to decide on a final sentence. I emphasise at the outset that your sentence will not be higher than the three years I indicated in November, so please do not worry about that.

[5]                  Although you heard the comments I made in my sentence indication in November, I will repeat those comments which explain the way in which I reach the sentence. Because sentencing is a public function I will also describe the background facts that are relevant to the sentencing process.

[6]                  When Judges look at a case, they do not simply pluck a sentence out of thin air. There is a law called the Sentencing Act 2002. That law sets out the principles and purposes of sentencing.5 In each case, a Judge looks at the Sentencing Act and then looks at what the offender has done and decides how to give effect to the Sentencing Act in the particular circumstances of the case.

[7]                  The purpose of sentencing in your case is to hold you accountable for the harm you have done to the community through your offending; to promote a sense of responsibility for, and acknowledgment of, that harm; to denounce and deter the criminal conduct; to protect the community; and to assist in your rehabilitation and reintegration into society.6

[8]                  What it means in practice is that I have to look at the whole situation and do what I can to both mark what you have done but also to fully recognise who you are.

4      R v…