R v James - [2013] NZHC 2006

IN THE HIGH COURT OF NEW ZEALAND NEW PLYMOUTH REGISTRY

CRI 2011-043-2338 [2013] NZHC 2006

THE QUEEN

v

JADE RODNEY JAMES

Hearing: 9 August 2013

Counsel: C E Clarke for Crown
J Hannam for Prisoner

Sentence: 9 August 2013

SENTENCING NOTES OF THE HON JUSTICE KÓS

[1] Mr James, you have pleaded guilty to the following offences: (a) conspiracy to supply methamphetamine;1
(b) participation in an organised criminal group;2

(c) conspiracy to supply class C ecstasy3 and

(d) conspiracy to sell cannabis.4

Facts

[2] All the relevant offending all occurred within a three and a half month period. This conspiracy failed to achieve its potential as a business enterprise. The actual

1      Misuse of Drugs Act 1975, ss 6(1)(c) and s 6(2A)(a).
2      Crimes Act 1961, s 98A.
3      Misuse of Drugs Act 1975, ss 6(1)(c) and s 6(2A)(c).
4      Misuse of Drugs Act 1975, ss 6(1)(c) and s 6(2A)(c).

R v JAMES [2013] NZHC 2006 [9 August 2013]

scale of offending is relatively small. On the other hand its potential to do real harm, in particular through the supply of methamphetamine in the Taranaki area, was considerable should it have gathered momentum.

[3] You are 23 years old. The charges against you arose out of Operation Puff, which was an investigation into the sale and supply of controlled drugs in the New Plymouth area between May and September 2011. Part of that investigation focused on the activities of the New Plymouth chapter of the Rebels motorcycle gang. You were identified as a “soldier” to the Sergeant at Arms of the gang, Mr Couper. “Soldier” is a term given to those who work for senior gang members. You were involved in the dealing of drugs on behalf of Mr Couper.

[4] You have recent convictions for possession of methamphetamine and utensils (2011). You have been convicted in the past of injuring with intent to injure (2009), assault (2011) and various breaches of Court orders.

Conspiracy to supply methamphetamine

Between 21 May and 7 August 2011, you arranged supplies methamphetamine from Mr Couper and another associate, Mr Taylor, mainly through coded text messages. On 7 August 2011 a search of the vehicle you were in revealed a useable quantity of methamphetamine and pipes.

Participation in an organised criminal group

[5] Between 13 June 2011 and 1 September 2011 you were a “soldier” within an organised criminal group, consisting of Mr Couper and two associates. You agreed to deal or attempt to deal drugs for Mr Couper.

Conspiracy to supply “class C varieties of Ecstasy”

[6] Mr Couper attempted to source MDMA which is a Class B drug but it was unavailable, so he began locating suppliers of mephedrone, a Class C drug that has similar effects to MDMA. Between 3 and 14 June 2011 you attempted to facilitate a

deal of 3000 tablets for $40,000 between Mr Couper and an associate, Mr Esterhuizen. It did not go ahead. You did however sell 10 pills to Mr Couper.

Conspiracy to sell cannabis

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 James

Details

AGLC: R v James [2013] NZHC 2006
Case: [2013] NZHC 2006
Decision Date: 9 August 2013

CaseChat Overview and Summary

In the case of R v James, the defendant, Jade Rodney James, was found guilty of multiple offences including conspiracy to supply methamphetamine, participation in an organised criminal group, conspiracy to supply class C ecstasy, and conspiracy to sell cannabis. The court heard that the offences occurred over a three and a half month period, with James playing a role as a "soldier" within the New Plymouth chapter of the Rebels motorcycle gang, facilitating drug deals on behalf of senior gang members. James had a history of drug-related and violent offending, and was 23 years old at the time of sentencing.

The court was required to decide on the appropriate sentence for James, taking into account the purposes and principles of sentencing as outlined in the Sentencing Act 2002. The court identified conspiracy to supply methamphetamine as the lead offence, and applied a starting point of four years and three months' imprisonment, reduced by 15% due to the incipient stage of the conspiracy. The court then applied an uplift of 12 months for the other offences, resulting in a total sentence of five years and three months' imprisonment. However, the court then applied a 20% discount for James' rehabilitative efforts and acceptance of responsibility, resulting in a final sentence of three years and six months' imprisonment to be served concurrently.

The court found that gang involvement was an aggravating feature but did not warrant a specific uplift. The court also found that James' rehabilitative efforts, including his employment and drug-free status, were significant mitigating factors. The court confirmed a 15% discount for James' late guilty plea.

In summary, James was sentenced to three years and six months' imprisonment for his offences, with the court taking into account the purposes and principles of sentencing, the nature and circumstances of the offences, and the personal circumstances of the offender.

Orders