R v Laurenson HC Wellington CRI 2011-085-1797

[2011] NZHC 1376

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

CRI 2011-085-1797

THE QUEEN

v

TIMOTHY LAURENSON

Hearing:         17 August 2011

Counsel:         S Barr for Crown

V Nisbett for Prisoner

Judgment:      17 August 2011

SENTENCE OF RONALD YOUNG J

[1]      Mr Laurenson,  you  have  pleaded  guilty  and  are  now  for  sentence  on  a number of charges.   There appears to be some concern about the circumstances under which you were convicted in the District Court.   To avoid any difficulty, therefore, I formally convict you of the following charges for which you are now for sentence:

(a)       participating in organised criminal group;

(b)      eight charges of offering to supply methamphetamine; (c)      supplying methamphetamine;

(d)      conspiracy to supply cannabis;

R V TIMOTHY LAURENSON HC WN CRI 2011-085-1797 17 August 2011

(e)       conspiracy to defeat the course of justice;

(f)       two charges of demanding with menaces; and

(g)      money laundering.

Organised Criminal Group

[2]      The facts of each of the series of crimes can be summarised in this way.  In August 2010  the  Police  began  investigating  the  supply of  methamphetamine  by members of the Nomad Gang.  The organised criminal group is, the Crown alleged, led by another man.   Its principle purpose was to make a profit from criminal enterprises particularly drugs.   Your job was as the right hand man of the person leading the criminal organisation.  You were to carry out all the tasks given to you. That involved the day to day operation of the business including the distribution of drugs and the collection of money.   During the period covered by the charges the group  you  were involved  in  was  involved in large scale methamphetamine and cannabis dealing and also traded in stolen property.   You benefited from this involvement through the supply of accommodation, food, vehicles and spending money.

Supplying and offering to supply methamphetamine

[3]    As  to  the  supplying  methamphetamine  you  agreed  to  supply methamphetamine over a period of nine months during 2009 and 2010 as part of this gang’s activity.  During this time for a short period you were in prison.  You were released in October 2010 and immediately resumed your methamphetamine dealing with others.   The group you were involved in was supplying approximately two ounces of methamphetamine a week, up to $100,000 or more a month and you were party to that supply.  Discounting the time when you were imprisoned it would have involved up to $1.1 million.

[4]      Your particular involvement was travelling to purchase bulk amounts of methamphetamine.  The methamphetamine would then be cut for sale.  You would hide the methamphetamine at  various  locations  around Wellington  and  assist  in selling it to lower level dealers.   On the eight occasions on which you had been specifically charged those are from mid November to December 2010.  They involve a series of supplies to individuals typically involving $100 to $200 bags of methamphetamine.

Conspiracy to obstruct justice

[5]      In December 2010 you and two others were involved in a serious assault on a

52 year old man. You and the other man were arrested.  The Police advised that they were looking for a particular third man.  You indicated to the Police that you would co-operate with them and bring the third man to the Police.   In fact you hid him providing him with accommodation, transport, money and advice.   The Police intercepted a number of communications between you and this person making arrangements for this person to be hidden from the Police.

Conspiracy to supply cannabis

[6]      During December 2010 you along with a number of others were involved in conspiring to sell cannabis.  You would collect cannabis from others take it back to Wellington for it to be resold in smaller units.   I note two co-accused were given sentence indication of two years’ imprisonment for this offending.

Money laundering

[7]      Between  July 2009  and  February 2011  you  were  receiving  a  benefit  of approximately $7,000 per annum from the State.   During this time you had no employment.    You  were,  however,  able  to  move  considerable  amounts  of  cash through your bank account.  You made significant cash purchases for vehicles and you were involved with renovations to property for which cash was used.   You facilitated the transfer of money although the Crown accept you did not personally

gain from these transactions.   The amounts involved were several hundreds of thousands of dollars.

Demanding with menaces

[8]      The victim in this case built a motor cycle for one of your co-offenders.  You and   the   other   offenders   approached   the   victim   wearing   gang   patches   and complaining that the bike was faulty and that you would assault him.  You and the other offenders demanded the victim come up with a plan as to what he could do for you.   The victim offered $5,000.   You suggested in addition that you would take motorcycle parts worth a further $14,000.   Eventually the motorcycle parts were taken.   I have read and take into account in sentencing the victim impact report particularly with regard to this offending.

Personal circumstances and submissions

[9]      Turning   now   to   your   personal   circumstances   you   have   86   previous convictions going back to 1994.  You have previous convictions for supplying methamphetamine and possession of methamphetamine in 2010. You have a number of violence convictions, many for driving offences and other drug convictions.  You have really been before the Courts constantly since 1994.

[10]     The pre-sentence report notes that you are 34 years of age, unemployed and have belonged to the Nomad Gang.  They say that you have been involved in dealing drugs for most of your adult life although you seem to have profited little personally. The pre-sentence report says that you are determined to leave the gang scene and that you have now left that gang and you are looking for a total change in your life.

[11]     As far as the Crown submissions are concerned they say that an overall starting point is in the range of 15 to 17 years’ imprisonment.  They say this is based on your substantial involvement in the supply of methamphetamine.  Further, there are other serious drug charges involving cannabis and money laundering and violent threats.  They say that the drug dealing involved others in an organised criminal way and is an aggravating factor.   Although they accept the conspiracy to defeat the

course of justice and demanding with menaces involved distinct criminality, they say, it should be treated as part of your conduct as being part of the organised criminal group.

[12]     I take into account the submissions both written and oral by your counsel.  He stresses your commitment to make the substantial change away from the gang.  He says  the  proper  starting  point  here  should  be  in  the  range  of  12  to  13 years’ imprisonment before appropriate discounts.

Discussion

[13]     This is extremely serious offending involving lawlessness on a broad scale, drugs, money laundering, participating in a criminal gang and violent aggressive behaviour. And it comes all with a life-time of similar conduct.

[14]     The methamphetamine offending spanned 11 months and during that period you accepted that you had participated in the supply of somewhere near two and a half kilograms of methamphetamine.  While you may not have been the main person involved in these events you were certainly at the centre of this operation.

[15]     As far as the cannabis offending is concerned it is difficult to know exactly how much was involved but there were clearly substantial purchases and sales.

[16]     As to the money laundering this was part of your drug dealing and is an aggravating feature of the drug dealing.  As I have said the best estimate is that you participated in laundering several hundreds of thousands of dollars.

[17]     As  the  Crown  say  the  conspiring  to  defeat  the  course  of  justice  and demanding  with  menaces  are  somewhat  different.    But  they  are,  obviously,  an integral part of the gang life that you led.   You made a concerted effort to hide someone you knew was wanted by the Police and the demanding with menaces involved aggressive stand over tactics relating to a person who had apparently provided a substantial service to those in your gang.   That offending has had a marked effect on that victim and his family.

[18]     I agree with the Crown approach to sentencing that the lead offence should be the methamphetamine offending being the charge of supplying and eight charges of offering to supply. The other charges should be seen as aggravating.

[19]     As far as the methamphetamine offending by itself, in my view, justifies a start sentence of 13 to 14 years’ imprisonment.  Significant uplifts are then justified for the other offending given the broad range of criminality involved.   The methamphetamine dealing, as I have said, was on a substantial scale involving over two and half kilograms of methamphetamine.   It involved as part of the offending your involvement in the criminal gang and money laundering and there was the sale of other drugs and the other charges.

[20]     Given the other offending the lowest possible starting point, in my view, for all the offending is 15 years’ imprisonment.  There are, in my view, two uplifts from that starting point justified.   Firstly, an uplift given you have serious similar convictions and secondly, an uplift because you were subject to parole for similar offending at the time of this offending.  To a degree of course they merge.  I consider a 12 month uplift is justified for these factors.

[21]     I take, therefore, the starting sentence at 16 years’ imprisonment.  The Crown

accept that you pleaded guilty at the first reasonable opportunity and the fullest

25 per cent deduction should be given.   Other factors convince me by agreement with the Crown that a further discount is appropriate.  With that discount I reach a final sentence, overall, of six years and five months’ imprisonment.

[22]     In  your  case  ordinarily  a  minimum  period  of  imprisonment  would  be appropriate taking into account the range of offending, your past serious offending and the fact that you were on parole.   Because of reasons related to the discount given, I am satisfied that this is not an occasion where I should set a minimum period of imprisonment.

[23]     I, therefore, sentence you formally in this way:

(a)       participating    in    an    organised    criminal    group    –    two    years’

imprisonment;

(b)offering  to  supply  methamphetamine  and  the  supply  of methamphetamine (all  nine charges)  –  six  years  and  five months’ imprisonment;

(c)       conspiracy to supply cannabis – two years’ imprisonment;

(d)      conspiracy to defeat the course of justice – two years’ imprisonment;

(e)       the    two   charges    of    demanding   with    menaces–    three    years’

imprisonment each; and

(f)       money laundering – three years’ imprisonment.

[24]     All sentences to be concurrent.  The final sentence six years and five months’

imprisonment.

Ronald Young J

Solicitors:

S Barr, Wellington
V Nisbet, Wellington