R v Jackson - [2013] NZHC 2194

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI-2012-055-2640 [2013] NZHC 2194

THE QUEEN

v

VICTORIA ANNE JACKSON

Hearing:	27 August 2013
Appearances:	S McKone and K Raftery for Crown R L Thomson for Prisoner
Sentence:	27 August 2013

SENTENCING NOTES OF PRIESTLEY J

Counsel:
S McKone, Crown Solicitors, Auckland K Raftery, Crown Solicitors, Auckland R L Thomson, Te Kuiti

R v JACKSON [2013] NZHC 2194 [27 August 2013]

[1] Victoria Anne Jackson, I am sentencing you this afternoon on one count of offering to supply the Class A drug methamphetamine laid under s 6(1)(c) of the Misuse of Drugs Act 1975. As I am sure you are aware, this is an offence which Parliament has regarded seriously. It has stipulated a maximum penalty of life imprisonment. Let me say at the outset that I do not intend to sentence you to a lengthy term of imprisonment. But I am telling you what I have just said because you need to learn now that drug offending is always seriously regarded, not only by the courts but by society. You better than most people, because of your addictions, should be aware of the dreadful effect which methamphetamine can have on people’s lives and personalities.

[2] I accept that you were very much a minor player in the offending before me and to some extent you were probably bobbing in the wake of your then de facto partner, Mr John Cuthers. Nonetheless, you were involved in the supply of approximately 38.26 grams of methamphetamine to unknown people between February and August 2012. The negotiations for these sales, as so often is the case, were carried out by cellphone. Many people in your situation come before the courts, Ms Jackson, and many of them are in exactly the same position that you were in. You found you were addicted to this drug, so you involved yourself in trafficking it to feed your own habit.

[3] You are now aged 21. You came to New Zealand with your parents when you were a teenager. You obviously had huge difficulties with parental discipline and family life arising, in part, from the fact that you were in a relationship with a man at that stage who was considerably older than you were. It appears from the materials before me to have been a destructive and abusive relationship. You also got yourself involved in alcohol and drugs. You are lucky to the extent that instead of writing you off entirely as many parents might have done, your parents have been supportive of you, despite the heartbreak and anxiety which your conduct must have caused to them.

[4] This offending which I am dealing with started, ironically, after you were discharged from a residential rehabilitation facility. It appears that you met or became involved with Mr Cuthers at about that time. You started to live with him

and you were dealing in drugs in the small capacity that I have mentioned. I think I can fairly regard…

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 Jackson

Details

AGLC: R v Jackson [2013] NZHC 2194
Case: [2013] NZHC 2194
Decision Date: 27 August 2013

CaseChat Overview and Summary

Victoria Anne Jackson was sentenced by the Auckland Registry of the High Court of New Zealand for one count of offering to supply the Class A drug methamphetamine. The court considered the seriousness of the offence and the maximum penalty of life imprisonment stipulated by Parliament. Despite Jackson's minor role in the offending and her addiction issues, the court acknowledged her involvement in supplying approximately 38.26 grams of methamphetamine between February and August 2012. The court recognised Jackson's personal circumstances, including her difficult family life, addictions, and involvement in rehabilitation programs.

The court examined the legal issues surrounding the appropriate sentencing band and start point for the offence. Counsel for both parties agreed that the appropriate band was Band 2, with a top end of 250 grams and a bottom end of 5 grams. The court considered Jackson's culpability, her efforts towards rehabilitation, and her guilty plea when determining the appropriate start point and final sentence.

The court decided to adopt a start point of three years and four months imprisonment, reduced by 30 per cent to reflect Jackson's efforts towards rehabilitation, her clean criminal record, and her guilty plea. The final sentence was one year and nine months imprisonment, which qualified for a home detention sentence. The court imposed a 12-month term of home detention, with specific conditions to ensure Jackson's rehabilitation and to prevent contact with her co-offenders. Additionally, the court recommended that Jackson be given opportunities to find employment in the Tauranga area.

In summary, the court sentenced Victoria Anne Jackson to a term of 12 months home detention, with specific conditions to support her rehabilitation and prevent reoffending. The court also discharged Jackson on two other counts faced during her trial.

Orders