R v Jones - [2014] NZHC 2578

IN THE HIGH COURT OF NEW ZEALAND ROTORUA REGISTRY

CRI-2012-070-4753 [2014] NZHC 2578

THE QUEEN

v

TERRENCE WILLIAM JONES

Hearing: 15 October 2014

Appearances:

H A Wrigley for Crown
C G Tuck for Prisoner

Sentence:

15 October 2014

SENTENCE OF KEANE J

Solicitors:
Crown Solicitor, Tauranga

R v JONES [2014] NZHC 2578 [15 October 2014]

[1] Terrence Jones you are for sentence, having been found guilty at trial for three offences: conspiring between 7 – 9 December 2012 to manufacture methamphetamine at your Katikati address; wilfully attempting on 9 December 2012 to defeat the course of justice by destroying evidence; and earlier, on 27 November
2012, offering to supply methamphetamine.

[2] Your most serious offence is the conspiracy and, in sentencing Mr Goldsbury, I held that it was given effect on 8 – 9 December and that the likely yield, had manufacture been completed, must have been towards 250 grams at least. I have held Mr Goldsbury and Mr Carroll accountable for their parts. I must now sentence you for yours.

[3] I must also sentence you for your related offence for which I have held Mr Goldsbury accountable, your wilful attempt to destroy evidence. That will call for an uplift in your sentence. I do not regard the offering to supply offence as in the same category.

Crown submissions

[4] The Crown contends that for your part in the conspiracy I should take a starting point in the range, given the sentences I have already imposed, of two and a half - three years imprisonment.

[5] You and Ms Farrow, the Crown says, must have become implicated no later than the morning of 7 December, when you and she exchanged texts and agreed to remain silent. You then played an indispensable part in the conspiracy in the sense that you allowed your property to be used. And you vacated it to allow Mr Goldsbury a free hand over the night of 8 December.

[6] The Crown also contends that you assisted in other ways. On the night of 8

December you collected several bags of ice from a nearby service station, and ice plays a part in manufacture. On the morning of 9 December you assisted Mr Goldsbury, in Mr Carroll’s place. You rode your bicycle around the property to check whether anybody was watching. You moved property from one end of the

building to the other. Then, once the AOS made its presence plain and you could not escape, you attempted to destroy evidence.

[7] As to that related offence, the attempted perversion of the course of justice, the Crown contends for a cumulative sentence of 12 – 18 months, even though for that offence I imprisoned Mr Goldsbury cumulatively for 12 months. The Crown contends that the totality principle does not assist you to the same degree.

Defence submissions

[8] Your counsel, having regard to my findings, does not dispute that a starting point for the conspiracy, recognising your part in it, might be in the range…

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 Jones

Details

AGLC: R v Jones [2014] NZHC 2578
Case: [2014] NZHC 2578
Decision Date: 15 October 2014

CaseChat Overview and Summary

In the case of R v Jones, the defendant, Terrence William Jones, was sentenced by Keane J in the High Court of New Zealand at Rotorua. Jones was found guilty of conspiring to manufacture methamphetamine between 7 and 9 December 2012 at his Katikati address, attempting to defeat the course of justice by destroying evidence on 9 December 2012, and offering to supply methamphetamine on 27 November 2012. The Crown argued for a starting point in the range of two and a half to three years for the conspiracy, while the defence suggested a starting point of around two years, taking into account Jones' limited role and circumstances. The Crown also contended for a cumulative sentence of 12 to 18 months for the attempt to pervert the course of justice, whereas the defence argued for a lesser sentence due to the totality principle.

The legal issues before the court included determining an appropriate starting point and final sentence for Jones' involvement in the conspiracy to manufacture methamphetamine, as well as deciding on an appropriate cumulative sentence for the attempt to defeat the course of justice. The court considered Jones' role in the conspiracy, his active participation in the offence, and the totality principle in sentencing. The court also assessed the impact of Jones' own offending on his sentence, as well as the positive aspects of his character and the importance he holds in the lives of those close to him.

The court found that Jones played an indispensable part in the conspiracy, allowing his property to be used and vacating it to give the other conspirators free rein. The court also considered Jones' assistance in purchasing ice, helping with the manufacture, and attempting to destroy evidence. The court accepted a starting point of two and a half years for the conspiracy but imposed a cumulative sentence of 12 months for the attempt to pervert the course of justice, resulting in a total sentence of three and a half years. The court then reduced the total sentence by three months, taking into account Jones' victimisation by his own offending and the positive aspects of his character, resulting in a final sentence of two years and three months for the conspiracy, with a cumulative sentence of 12 months for the attempt to defeat the course of justice.

The final orders of the court were for Jones to serve a total sentence of three and a half years imprisonment, reduced to three years and three months, for the conspiracy to manufacture methamphetamine and the attempt to defeat the course of justice. The court acknowledged that Jones lacked the means to pay any ordered reparation.

Orders