R v Kiri Kiri HC Invercargill CRI 2010-025-2321

[2010] NZHC 1743

IN THE HIGH COURT OF NEW ZEALAND INVERCARGILL REGISTRY

CRI-2010-025-002321

REGINA

v

ANTHONY CLIVE KIRI KIRI

Appearances: K Henry for Crown

K McHugh for Prisoner

Judgment:      27 September 2010

SENTENCE OF HON. JUSTICE FOGARTY

[1]      I stood this matter down this morning after hearing argument, because I heard two good arguments – one for a sentence of home detention and the other for a short term of imprisonment in a prison with a drug treatment unit.

[2]      I am going to tell you, Mr Kiri Kiri, from the outset what I have decided, and then give my reasons.  I have decided that the appropriate sentence is a short term of imprisonment for you, recommending a prison with a drug treatment unit.   I am sentencing you to two years, two months’ imprisonment.

[3]      You were found conducting an extensive and sophisticated cannabis growing operation, and also you had some cannabis in an alcohol solution preparing cannabis

oil.

R V KIRI KIRI HC INV CRI-2010-025-002321  27 September 2010

[4]      I have been given a large number of authorities, but I do not think it is necessary to go through them.  I am satisfied that particularly the processing of the cannabis oil means that the total sentence has to be more than two years.

[5]      On the charges of possession and cultivation of cannabis I have taken a starting point of two years, eight months.  On the charge of producing cannabis oil I have added another six months, taking that up to three years two months.  Then, in recognition of your full co-operation with the police which is to your credit, I have reduced that by one-third, taking it down to two years, two months.

[6]      Because it is two years, two months, I cannot consider a sentence of home detention.  But as you saw this morning, I was struggling to see whether I could get the sentence down to two years and then consider home detention.  However, I also think that it is in your interest to break your addiction to cannabis.  I am satisfied that this cannabis growing operation was principally to feed your addiction to cannabis. In some ways, the perhaps best way of breaking that addiction is for you to have a short  spell  of  imprisonment  where  you  can  endeavour  to  stay  off  cannabis completely.  I know there is cannabis available in prisons, but if you can be placed in a prison  with  a  drug treatment  unit,  participate  in  that  programme and  use the opportunity to completely try to break this addiction then I think you will be doing something very good for yourself and for your partner, your children and grandchildren, and for the community in general.

[7]      I do recommend to the Department of Corrections and the parole board that you  be placed  in  such  a  prison  and  be  given  the  opportunity to  attend  such  a programme.

[8]      I have been impressed in this case with the fact that it is ten years since you have previously been to prison.  You have been in a spot of bother in between times, but I am satisfied that at 42 years of age you are now a family man, devoted to your grandchildren.   You have wonderful letters of support from your partner and your stepchildren.   You also have two very fine letters of support from your employer. Your supervisors clearly value you.

[9]      You  have  had  a  very  helpful  report from  the  Mental  Health  Directorate Southland of the Southern District Health Board who are reasonably confident that you can get on top of your cannabis dependence problem and that you can maintain, they say, a good place in society and continue to support your partner and children. That is what I am hoping will be the final outcome from this.

[10]     I do not think I need to say any more Mr Kiri Kiri.  You have faced up to the consequences of what you have done from the outset, and I do hope and have some confidence that after this term of imprisonment you will be welcomed back by your family and by your employer, and that you will maintain a good position in society thereafter.

[11]     There  will  be  the  usual  orders  for  destruction  of  paraphernalia  and  any cannabis material.

Solicitors:

Crown Solicitor’s Office, Invercargill

McKenzie Gray, Invercargill