R v Henry
[2015] NZHC 1684
•20 July 2015
ORDER PROHIBITING PUBLICATION OF THE JUDGMENT AND ANY PART OF THE PROCEEDINGS (INCLUDING THE RESULT) IN NEWS MEDIA OR ON THE INTERNET OR OTHER PUBLICVLY AVAILABLE DATABASE UNTIL FINAL DISPOSITION OF TRIAL OF CO- DEFENDANTS. PUBLICATION IN LAW REPORT OR LAW DIGEST
PERMITTED.
IN THE HIGH COURT OF NEW ZEALAND
AUCKLAND REGISTRY
CRI-2014-004-5509
[2015] NZHC 1684
THE QUEEN v
DEBORAH ANNE HENRY
Hearing: 20 July 2015 Appearances:
R Thomson for Crown
B L Sellars for Defendant
Sentence:
20 July 2015
SENTENCING REMARKS OF WHATA J
Solicitors:
Meredith Connell, Crown Solicitors, Auckland Copy to:
B L Sellars, Auckland
R v HENRY [2015] NZHC 1684 [20 July 2015]
[1] Ms Henry, you have pleaded guilty to one count of obtaining a document and one count of money laundering, following a sentencing indication. The maximum sentence for each count is seven years’ imprisonment.
[2] In the sentencing indication I foreshadowed a sentence in the range of 22 to 30 months’ imprisonment, including within that a 25 per cent discount for a guilty plea.1
Facts
[3] Ms Henry, you were a member of a drug ring alongside Michael Cavanagh, Shannon Stevens, Peter Shaw, David O’Connor and Nigel Bowker. In 2005 you were charged and later convicted of possession of equipment used to manufacture methamphetamine and provision for supply of methamphetamine. You received a sentence of two years’ imprisonment with leave to apply for home detention, which was granted after five and a half months had been served.
[4] Mr Cavanagh was also sentenced to 12 years’ imprisonment for his part in the ring.
[5] The present charges assert that you in or about 12 October 2004, using a false name, Michelle Anna Alexandra, applied for and obtained a driver’s licence. You also went to the New Zealand Vault and opened a safe under your false name. In July 2012 Mr Cavanagh signed on as an agent to the safety deposit box. A search of the box in May 2014 located $300,170.
Personal history
[6] You were in a long term relationship with Mr Cavanagh and had developed close links with him and his family from a very young age. You have a daughter together, who is aged six. I am now advised that you have severed your connection with Mr Cavanagh and that you are now in a stable relationship with another partner.
1 R v Henry [2015] NZHC 1306 [9 June 2015].
Pre-sentencing report
[7] Your pre-sentencing report recommends home detention, having assessed the likelihood of reoffending and your risk to others as low. Significantly also, you are assessed as highly motivated to address the factors behind your offending.
Your personal statement
[8] I have also read your statement to the Court. You describe how you have settled into a supportive family unit. You reside with your current partner and you are a stay-at-home mum caring for three children aged six, thirteen and sixteen. You also help as an aide at your local school. You acknowledge your wrong-doing. All of this is to be drawn in stark contrast to a very unstable period in your life marked by drug dependency and your association with Mr Cavanagh.
No personal gain
[9] There is no evidence that you made any personal gain from the laundering of the moneys through the safety deposit box. Indeed, there is no evidence that you handled any of the moneys at any time.
Purposes and principles
[10] In sentencing you Ms Henry I must hold you accountable for the harm that you have done, promote in you a sense of responsibility, denounce your conduct, deter you and others from acting in this way, protect the community and provide for the interests of any victims. I must also have regard to your rehabilitation, the gravity of the offending and consistency with sentences in other cases together with the imposition of the least restrictive outcome appropriate to offending are also relevant factors to this sentence.
Submissions
[11] Ms Sellars has made helpful submissions on your behalf and seeks home detention. The Crown is neutral about home detention, though has expressed concern about your current partner’s gang affiliation.
Assessment
[12] I have addressed the relevant legal principles and case law in my sentencing indication. I simply observe that your offending is at the lower end of the spectrum, but not at the lowest end and for comparative purposes I refer simply to the case of R v Simanu2 where the Judge commenced with a starting point of two and a half years’ imprisonment where Ms Simanu was reckless as to whether what she was laundering were proceeds of drug dealing.
[13] But as I said in my sentencing indication, there are several factors that significantly mitigate the level of culpability in this case. Firstly, the lack of any personal gain. Second, the limited role played by you. Indeed, as I have said there is no evidence to suggest any moneys literally passed through your hands at any time and third the very unsophisticated nature of your offending in this case.
[14] I, therefore, consider that a starting point of two and a half years’ imprisonment to be appropriate. With the benefit of the pre-sentence report, I am also satisfied that a further discount of 15 per cent for remorse and your personal commitment to change is warranted. This results in a revised starting point of 26 months’ imprisonment. As I foreshadowed in my pre-sentencing report, a full discount of 25 per cent for a guilty plea is also warranted, resulting in a starting point of 19 months’ imprisonment were I to impose such a sentence.
Home detention
[15] I consider that a sentence of home detention is appropriate. As Ms Sellars noted, this will not be and is not an easy option. It is commensurate with the gravity of the offending and your personal circumstances.
[16] I note for completeness your partners’ gang affiliation. While that is a concern, I am advised that he has no criminal convictions and that he has recently been given custody of his two sons. I think this is indicative of his commitment, like yours, to a normal family life.
2 R v Simanu HC Auckland CIR-2008-004-20453, 16 December 2010.
[17] I also acknowledge Ms Thomson’s submission, that there have been no incidents of concern in the ten months that you have been on bail at the address you share with your current partner.
[18] On that basis and given the foregoing, I sentence you to nine months’ home detention.
[19] I also record that the following charges have been withdrawn by the Crown, namely:
(a)A charge of receiving property;
(b)A charge of participating in an organised criminal group;
(c)A charge of possession of equipment, material and pre-cursors; and
(d)A charge of unlawfully possessing a firearm.
[20] I do note that there are conditions and I will assume that the conditions recommended in the pre-sentencing report are appropriate. These conditions are:
(a)To travel directly from Auckland High Court to 219 Shaw Road, Titirangi and await arrival of the Probation Officer and representative of the electronic monitoring company.
(b)To reside at 219 Shaw Road, Titirangi for the duration of Home Detention and not to move address without the prior written permission of the Probation officer.
(c)To attend an assessment for an alcohol and drugs programme. To attend and complete an appropriate alcohol and drugs programme as recommended by the assessment to the satisfaction of the Probation officer and programme provider. Details of the appropriate programme to be determined by a Probation Officer.
(d)To attend an assessment for Short Motivational Programme and if found suitable to attend and complete the programme to the satisfaction of the programme provider and the Probation Officer.
(e)To attend any other identified programme(s) or counselling to the satisfaction of the Probation Officer and programme provider.
(f)To abstain from the consumption and possession of alcohol and drugs for the duration of Home Detention.
(g)Not to have contact or otherwise associate with your co-offenders of your offending.
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