IN THE HIGH COURT OF NEW ZEALAND WHANGAREI REGISTRY
CRI-2014-088-003309 [2016] NZHC 508
THE QUEEN
v
SHARN STANLEY KEOGH
Hearing: 23 March 2016 Appearances:
Michael Smith for the Crown
Chris Muston for the DefendantJudgment:
23 March 2016
SENTENCING NOTES OF MOORE J
R v KEOGH [2016] NZHC 508 [23 March 2016]
Introduction
[1] Sharn Stanley Keogh you appear for sentence today having pleaded guilty to five charges. Four are brought under the provisions of the Misuse of Drugs Act 1975 and one under the Crimes Act 1961.
[2] Under the Misuse of Drugs Act there are two charges of manufacturing the class A controlled drug methamphetamine1 and two charges of conspiring to supply methamphetamine2. The charge of participating in an organised criminal group3 is brought under s 98A of the Crimes Act. The lead charge of manufacturing carries a maximum penalty of life imprisonment.
[3] On 16 December 2015 I gave you a sentence indication. I indicated that in the event you were to plead guilty to these charges I would sentence you to a term of imprisonment of eight years and six months’ imprisonment. You accepted that indication. Although I gave brief reasons for reaching such a sentence then I am now required to record those reasons more fully as part of this formal sentencing process.
Factual background
[4] In July 2014 the Organised & Financial Crime Agency New Zealand commenced a covert electronic investigation into the manufacture and supply of methamphetamine in Northland by a syndicate of patched members of the Head Hunters Motorcycle Gang. The investigation was code named “Taskforce Easter”.
[5] In September 2014 a covert video camera was installed to monitor the activities of those coming and going from an address at 278 Taipuha Road, Waiotira,
Northland. Waiotira is an isolated rural area about 30 kms southwest of Whangarei.
1 Misuse of Drugs Act 1975, s 6(1)(b).
2 Section 6(2A).
3 Crimes Act 1961, s 98A.
[6] The investigation revealed the address was not occupied on a full-time basis. Instead, it was used as a sophisticated clandestine laboratory which manufactured large quantities of methamphetamine.
[7] From the Police’s observations and the evidence collected through the covert phase, it was revealed that methamphetamine was manufactured at the address on six separate occasions over a three month period between September and December
2014.
[8] It was not until mid-October that an audio device was installed at the address. The intercepted communications which followed revealed methamphetamine was manufactured on three occasions over the period of the installation. The quantities
produced on each occasion were massive as can be seen by the table below:
Date Quantities
23 October 2014
2,545 grams
28 to 31 October 2014
1,900 grams
6 to 14 November 2014
2,800 grams
[9] You have pleaded guilty to manufacturing activity which took place before the interception device was installed. Those manufactures took place twice between
30 September 2014 and 1 October 2014 and between 8 and 9 October 2014.
[10] The evidence is that on…
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CaseChat Overview and Summary
The court determined that the manufacturing charges were the most serious, and set a starting point of 11 years' imprisonment, reflecting Keogh's role as a secondary participant in the drug manufacturing and distribution operation. The court also considered Keogh's previous convictions and guilty plea, imposing an uplift of three months and a discount of 20% respectively. The final sentence was reduced by eight months to reflect the totality principle, resulting in a sentence of eight years and six months' imprisonment for the manufacturing charges, 18 months for the conspiracy charges, and six months for participating in an organised criminal group, to be served concurrently.
The court emphasised the need for Keogh to address his methamphetamine addiction and distance himself from the influences that led to his offending. The court acknowledged Keogh's expressions of commitment to change and his willingness to take responsibility for his actions. The court also noted the support Keogh has from his family and former employer, and encouraged him to make the most of this support during his sentence.
The final orders of the court are that Keogh is sentenced to eight years and six months' imprisonment for the manufacturing charges, 18 months for the conspiracy charges, and six months for participating in an organised criminal group, to be served concurrently. The court also encourages Keogh to participate in rehabilitation programmes during his sentence, which may assist the Parole Board when considering his eligibility for release.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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