R v Kingi

[2015] NZHC 1895

IN THE HIGH COURT OF NEW ZEALAND WHANGAREI REGISTRY

CRI-2015-488-000018 [2015] NZHC 1895

THE QUEEN

v

TUARA WIREMU KINGI

Hearing:	11 August 2015
Appearances:	K J Patterson for Crown N S Leader for Prisoner
Judgment:	11 August 2015

SENTENCING NOTES OF HINTON J

R v KINGI [2015] NZHC 1895 [11 August 2015]

Introduction

[1]      Mr  Kingi,  you  appear  for  sentence  having  pleaded  guilty  pursuant  to  a sentence indication given by Keane J on 2 June 2015.  You have pleaded guilty to possession of methamphetamine for supply, supply of methamphetamine and possession of a pistol and ammunition.

[2]      In a minute dated 5 June 2015, Keane J recorded that you are remanded for sentencing, consistent with his indication, to today.  As sentence indications are only binding on the Judge who gave it, Keane J said he assumed the sentencing Judge will sentence you in accordance with his sentence indication, and that is the approach I am taking.

Facts

[3]      The facts of the offending are set out in the sentence indication which will be attached to these sentencing notes.  In short, on 22 July 2014 at about 6.45am, the Police executed a search warrant at the address of your associate in Whangarei. Inside they found you and several associates.

[4]      In the sun room, the Police discovered a bag containing $19,000 in cash, a pistol, 2.2 grams of methamphetamine and ammunition.   The Police also found a plastic bag containing 142.8 grams of methamphetamine inside a Tupperware container behind a television screen.  Your DNA was later found on the container. Another 2.2 grams of methamphetamine was found in the lounge along with instruments to inhale methamphetamine, scales, cash and ammunition.   A wallet belonging to you was found to contain cash and a tick list.  On the basis of the names and figures in the tick list, the Crown calculates that it reflects methamphetamine sales in the order of $57,000.   In a car which you were seen driving earlier, the Police found more ammunition.  At your address, the Police found two more tick lists matching those found your wallet.

Personal circumstances

[5]      You are 31 years old.  You have previously been sentenced to imprisonment for methamphetamine offending.  You informed the pre-sentence report writer you had an unhappy childhood.  Your parents separated when you were a baby.  You feel your step-father’s family do not accept you.   You have not had contact with your mother, as I understand it, for the past eight years. You have not seen your biological father for ten years.  You reported that your parents have given up on you and have withdrawn support due to your offending.  You say that it is through your family ties that you have associates and connections with the Head Hunters’ gang.

[6]      You reported that illicit drug use and heavy alcohol use was normalised by your parents and family members.  You left school in your early teens and you have not achieved any formal educational qualifications.  You said you enjoyed the saw mill where you worked for two years from the age of 15.   However, you were dismissed for breaching safety standards.  You reported that since then you have not managed to work for more than six months at a time due to your daily substance use.

[7]      The report-writer  recorded  that  you  engaged  well  at  the interview.   You appeared to have some insight into your offending and dependency on methamphetamine.  You said you started using cannabis from the age of 13.  You attempted to keep your substance use a secret from your recent partner, who was drug free, and you are sad that the relationship has ended due to this most recent offending. You said your past offending was to pay for your drug and alcohol habits. You feel like you have no future.  You said you have been advised by alcohol and drug agencies that your criminal history indicates a safety risk to others and presents a barrier to you being admitted to residential programmes. You reported that you did benefit from engagement with a psychologist at Springhill prison where you were diagnosed with having a social phobia disorder.

[8]      The report writer assessed you as having a high likelihood of reoffending and a medium risk of harm to others, given your possession of a firearm.  However, the report-writer noted that your propensity to be violent towards others has diminished to a degree since 2008.  The factors identified to contribute to the current offending

are  drug  use,  friends  and  associates,  a  pro-offending  attitude  and  a  propensity towards violence. A sentence of imprisonment was recommended.

Sentencing

[9]     For the most serious offence, the joint possession of 147.2 grams of methamphetamine for supply, Keane J indicated that this would receive a starting point of 6.5 years’ imprisonment.   This starting point was uplifted by one year to reflect the supply charge. This brings the imprisonment term to 7.5 years.

[10]     The two remaining firearms charges aggravate the seriousness of the lead charges and, as per Keane J’s indication, warrant a six month uplift.  This brings the end starting point to eight years’ imprisonment.

[11]     Turning to personal aggravating and mitigating factors, Keane J indicated a three month uplift for prior relevant convictions, bringing the imprisonment term to eight years’ three months.

[12]     The Judge recorded that at the time of the sentence indication, there was only one discount to which you may be entitled, the guilty plea discount, to which I come shortly.   The Judge did say that you are entitled to rely on any mitigating factor arising from the pre-sentence report.

[13]     In my view, the pre-sentence report, the letter you have given me today and the certificate of completion of the CADs alcohol and drug programme, convey some motivation to change and show some insight into your drug dependency and your offending, which is the first step towards rehabilitation.

[14]     I consider, despite the very serious nature of the offending, that there is just sufficient for there to be a mitigating factor and to allow you a two month discount for rehabilitation prospects.

[15]     I sincerely hope, Mr Kingi that you can find the help that you very clearly need  and  want  with  your  addiction.    I  would  like  to  think  from  reading  your

excellent letter that you are still capable of recovering yourself with help.   You should give it every attempt possible.

[16]     Despite not pleading at the earliest opportunity, Keane J indicated that the full

25  per  cent  discount  was  warranted  for  accepting  his  sentence  indication  and pleading guilty six months in advance of trial.

[17]     The end sentence is therefore six years’ imprisonment.

[18]     Please stand Mr Kingi.

Sentence

[19]     You are sentenced to:

(a)       six  years’  imprisonment  for  possession  of  methamphetamine  for

supply;

(b)      5.5 years for the supply for methamphetamine;

(c)       six months’ imprisonment for the possession of a pistol;

(d)      six months’ imprisonment for the possession of ammunition.

[20]     These sentences are imposed concurrently which means that the maximum

time you will serve is six years’ imprisonment.

[21]     I also order forfeiture of all drugs, firearms and ammunition that have been seized.

[22]     I would make the same order with regard to the cash seized, but for the co- defendant, still to be dealt with.

[23]     Stand down please.

Hinton J