R v Kekesi

[2016] NZHC 1872

IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY

CRI 2015-019-6211 [2016] NZHC 1872

THE QUEEN

v

MATTHEW SANDOR KEKESI

Hearing:	12 August 2016
Counsel:	J N Foster for Crown R Laybourne for Defendant
Judgment:	12 August 2016

SENTENCING NOTES OF HEATH J

Solicitors:

Crown Solicitor, Hamilton
Counsel:

R Laybourn, Hamilton

R v KEKESI [2016] NZHC 1872 [12 August 2016]

[1]      Matthew Sandor Kekesi, you appear for sentence today on one charge of supplying the Class A controlled drug methamphetamine, one of offering it for sale, one of cultivating  a Class  C  controlled  drug cannabis  and  one of possessing a restricted weapon, namely a taser.  You entered pleas of guilty promptly following a sentence indication on 13 April 2016.1  As a result, the maximum credit for the guilty pleas will be given in accordance with the indication that I gave to you earlier.

[2]      When  I  provided  the  sentence  indication,  I  summarised  briefly  your offending. As this is a public process I need to repeat that now.

[3]      Your offending was identified as a result of a covert Police operation known as Operation Daydream.  It involved the investigation of alleged drug offending in rural areas surrounding Te Aroha and Paeroa.   The investigation began in August

2015 and was terminated on 4 November 2015.  Nevertheless, the charges cover a period between 1 January 2015 and 4 November 2015.

[4]      The Crown position is that you were a close associate of [Mr X], the person who is alleged to have been the prime mover of the drug dealing business uncovered as a result of the Police operation.  Ms Foster, for the Crown, has identified three essential elements of that offending:

(a)      The first is participating in what I will call [Mr X’s] group.  There is evidence that you acted as a driver and a courier and actively assisted [Mr X] to make money from his operation.

(b)Secondly, you embarked upon the independent supply of methamphetamine.  You admitted to the Police that you averaged one to two grams of methamphetamine being sold per week.

(c)      The third is your involvement in a cannabis growing operation which was undertaken separately and on your own behalf.  The information gathered by the Police revealed 32 occasions on which you organised transactions resulting in the actual supply of methamphetamine.  On

23 of those occasions, the Police were able to identify supply totalling

38.6 grams.   In addition, you used a telephone to offer to supply methamphetamine on 16 occasions.   On nine of those the amount involved totalled 17.65 grams.

[5]      When a search warrant was executed on termination, a set of electronic scales and  a  taser  were  located.    Possession  of  the  taser  is  particularly serious;  often weapons of that type are held to protect the product being sold.

[6]      So far as the cannabis operation was concerned, you had an indoor room in which cannabis was grown.  It is clear that it was used for more than one harvest.  It appears that the transactions organised for the actual sale of cannabis involved amounts of 447 grams.

[7]      I assessed  a starting point  for sentence in  accordance  with  the Court  of Appeal’s  guideline  judgment  in  R  v  Fatu,2   as  six  years’ imprisonment  on  the methamphetamine charges.   I added an uplift of four months to reflect the other charges.  I adhere to the view I expressed at the sentence indication and use a starting point for sentence of six years four months.

[8]      I have read about your personal circumstances.  There are a few things I want to say to you.

[9]      At the age of 39 years, you have found yourself embroiled in a serious drug operation.   That has been due, I accept entirely, to your addiction to a number of illicit drugs, including methamphetamine.  The pernicious nature of that drug is well- known and its supply affects others in the community; but, it also affected you and had a serious impact on your actions.

[10]     I accept entirely that you have expressed a desire to rehabilitate yourself.  I commend you on the actions you have taken through the Higher Ground programme. It is not an easy programme to go through and you should be proud of the results that you have shown.   One of the causes of your offending appears to have been a

problem with self-esteem and the need to “please” people; and, that happened in the context of criminal associates. That is something you have to avoid in the future.

[11]     Mr  Laybourn,  on  your  behalf,  has  said  everything that  could  be said  in support of the sentence that would involve home detention.  I am constrained by the legislation which makes it clear that for serious offending of this type a sentence of imprisonment must be imposed.3   While your personal circumstances are significant, I cannot in this sentence impose home detention.  I want to tell you that now so that you understand the basis on which the sentence will be constructed.

[12]     So far as mitigating factors are concerned, you have been co-operative and frank with the Police.  You have completed the Higher Ground course.   You have previous good character.  For all of that, I propose to give a credit of 45 percent.  I take off that a further 25 percent to reflect your early guilty pleas, which leaves an end sentence of two years six months imprisonment to be imposed.

[13]     That sentence will see you eligible for parole after 10 months.  You need to take steps while in custody to ensure that what you have learnt in the Higher Ground programme continues, to come out with your head held high and able to resist the temptations from those who are around you.   I think you understand the need to avoid criminal associates and I trust you will do that.

[14]     In imposing that sentence, I make a recommendation to the prison authorities that you be permitted to continue to engage in rehabilitative work during the period you actually serve in prison so that will reinforce the steps you have taken to date.

[15]     Accordingly, on the charges of supply methamphetamine, offering to supply methamphetamine and cultivating cannabis I impose a sentence of two years six months.   On the charge of possessing a restricted weapon you are convicted and discharged.  The terms of imprisonment will be served concurrently meaning that the term of two years and six months is the effective end sentence.

[16]     Ms Foster, for the Crown, seeks an order for the destruction of all drug related paraphernalia seized during the Police operation and the restricted weapon.  I make an order accordingly.

[17]     As [Mr X] is yet to stand trial I make an order suppressing from publication any information that would identify him in the commission of the offences on which Mr Kekesi has been convicted and sentenced.

[18]     Mr Kekesi, while I have had to sentence you to prison today, I believe that you have turned a corner and I wish you well for the future.

[19]     Stand down please.

P R Heath J