R v Liefting-Bull
[2021] NZHC 2028
•6 August 2021
IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY
I TE KŌTI MATUA O AOTEAROA KIRIKIRIROA ROHE
CRI-2020-019-3685
[2021] NZHC 2028
THE QUEEN v
GABRIELLE SUZANNE LIEFTING-BULL
(Operation Kingsville)
Counsel: K C Whyte for Crown
K L Tustin for Defendant
Sentenced:
6 August 2021
Charges:
Manufacturing methamphetamine (4); Supplying
methamphetamine; Offering methamphetamine for supply;
Possession of equipment for the manufacture ofmethamphetamine (3); Possession of material for the manufacture of methamphetamine (4); Possession of precursors (3); Selling
cannabis; Offering cannabis for sale
Plea:
Guilty
SENTENCING NOTES OF BREWER J
Solicitors:
Hamilton Legal (Hamilton) for Crown
Counsel:
Kerry Tustin (Hamilton) for Defendant
R v LIEFTING-BULL [2021] NZHC 2028 [6 August 2021]
Introduction
[1] Ms Liefting-Bull, I have to take a little while to talk to you this morning. That is because what I have to say is not just for your benefit but also for the benefit of others who might read the sentencing notes later – other lawyers dealing with their clients, perhaps other Judges in other Courts. I cannot simply tell you what the end result is and call it a day, so bear with me.
[2] You appear for sentence today having pleaded guilty to 18 serious drugs charges following a sentence indication.1 Those charges are:
(a)Four representative charges of manufacturing methamphetamine;2
(b)One representative charge of supplying methamphetamine;3
(c)One representative charge of offering methamphetamine for supply;4
(d)Three charges of possession of equipment for the manufacture of methamphetamine;5
(e)Four charges of possession of material for the manufacture of methamphetamine;6
(f)Three charges of possession of precursor for the manufacture of methamphetamine;7
(g)One charge of selling cannabis;8 and
(h)One charge of offering cannabis for sale.9
1 R v Liefting-Bull [2021] NZHC 1223. I will not repeat its contents.
2 Misuse of Drugs Act 1975, s 6(1)(b). Maximum penalty: life imprisonment.
3 Misuse of Drugs Act 1975, s 6(1)(c). Maximum penalty: life imprisonment.
4 Misuse of Drugs Act 1975, s 6(1)(c). Maximum penalty: life imprisonment.
5 Misuse of Drugs Act 1975, s 12A(2)(a). Maximum penalty: five years’ imprisonment.
6 Misuse of Drugs Act 1975, s 12A(2)(a). Maximum penalty: five years’ imprisonment.
7 Misuse of Drugs Act 1975, s 12A(2)(b). Maximum penalty: five years’ imprisonment.
8 Misuse of Drugs Act 1975, s 6(1)(e). Maximum penalty: eight years’ imprisonment.
9 Misuse of Drugs Act 1975, s 6(1)(e). Maximum penalty: eight years’ imprisonment.
[3] At the sentence indication hearing, I told you that I would adopt a starting point of 10 years’ imprisonment on the lead charges of manufacturing methamphetamine, supplying methamphetamine and offering to supply methamphetamine. I said I would add one year to account for the remaining charges, taking totality into account. So, an overall starting point of 11 years’ imprisonment.
[4] I was unable to tell you how much the starting point could be reduced taking into account factors personal to you. I was able to tell you that I would probably allow a 15 per cent to 20 per cent discount if you entered pleas of guilty.
[5] So, the main purpose of this sentencing hearing is to decide by how much the starting point of 11 years’ imprisonment should be reduced.
Background
[6]I need to start by recording the facts of your offending.
[7] In January 2020, police commenced an investigation into the manufacture and supply of methamphetamine in the Waikato and Auckland regions. You were among those identified in the investigation as part of a group operating a large-scale, organised and lucrative drug dealing business. Covert surveillance of communications and by CCTV followed. This identified the locations where offending occurred and the roles of those involved.
[8] Ms Liefting-Bull, you were at the third tier of the organisation. You conducted the general day-to-day tasks required to keep the methamphetamine manufacture going. You operated at the instruction of your partner, Mr Tyler-Waugh. Mr Tyler- Waugh liaised directly with Mr McQuade, the principal offender in terms of methamphetamine manufacture. On occasion, you, Ms Liefting-Bull, also liaised directly with Mr McQuade. You were involved in the manufacture of methamphetamine at four separate addresses, including your parents’ farm. There were a minimum of seven separate methamphetamine manufacturing occasions across the four addresses.
[9] On 30 April 2020, police conducted a search of an address in Tuakau. The search arose from an unrelated incident involving a firearm. A clandestine laboratory used to manufacture methamphetamine was located. This included chemicals and equipment used in the production of methamphetamine and documents relating to the production process. A firearm was also found along with a little over $15,000 cash. You assisted in the manufacture of methamphetamine at this address and were largely responsible for sourcing the various materials and equipment for the manufacture. This gives rise to one representative charge of methamphetamine manufacture, one charge of possession of equipment for the manufacture of methamphetamine, one charge of possession of material for the manufacture of methamphetamine, and one charge of possession of a precursor for the manufacture of methamphetamine.
[10] At your parents’ property in Aka Aka, you lived in a caravan for some time. On that property, you manufactured methamphetamine in a shed on at least two occasions. Again, your role was to assist in the manufacture and pick up and move materials between locations as required. This gives rise to a second representative charge of manufacturing methamphetamine.
[11] Following the search of the Tuakau property, another co-defendant moved to an address in Pokeno, located directly between a primary school and a pre-school. You and two co-defendants manufactured methamphetamine in a garage on the property on at least one occasion. Due to the risks inherent in manufacturing methamphetamine and the location, the police raided the property. They found materials and equipment used to manufacture methamphetamine. Five litres of hydrochloric acid, a precursor, was found. 28 kilograms of iodine, another precursor, was also found. Other equipment was present. On the basis of what was found at the Pokeno property, you were charged with a third representative charge of manufacturing methamphetamine and two further charges of possessing equipment and material for the manufacture of methamphetamine.
[12] In early May 2020, you and another co-defendant moved from the Aka Aka property to an address near Cambridge. Methamphetamine was produced in the garage there on at least one occasion. You are charged with a fourth representative charge of manufacturing methamphetamine as a result.
[13] The quantity of methamphetamine manufactured at the four properties cannot be determined. Nor can the number of occasions on which methamphetamine was manufactured. It is likely, however, that both numbers are large.
[14] Towards the end of May 2020, a co-defendant rented a storage unit in Hamilton. On 27 May 2020, at that location, another co-defendant was given a large quantity of iodine, a precursor substance. Police decided to arrest him. He was initially pursued by police. This was abandoned owing to his high speeds and dangerous driving. During this pursuit, the co-defendant contacted you to advise you of what was happening. You were told to meet him at an address in Morrinsville. Once there, the co-defendant got into your car with a backpack and a cardboard box containing cash. You travelled to Morrinsville where you rented a motel room. You were arrested by police in Morrinsville later that day.
[15] Police searched the motel room. They found the backpack, which contained about three kilograms of ephedrine, a precursor for the manufacture of methamphetamine. They also found the cardboard box containing cash. Police searched your co-defendant’s car, and found the iodine that had been given to him at the storage facility. Police searched your car, and found methamphetamine and chemicals and equipment used in the manufacture of methamphetamine. You were, as a result, charged with possession of equipment, material (two charges) and precursors (two charges) for the manufacture of methamphetamine.
[16] Police obtained text data from your mobile phone, as well as your live voice calls. They identified a large number of occasions on which you supplied and offered to supply methamphetamine. You normally did not specify how much. Where you did specify how much, it is concluded you supplied at least 144 grams of methamphetamine and offered to supply 662 grams. This gives rise to representative charges of supplying and offering to supply methamphetamine.
[17] The same evidence indicated that you regularly sold and offered to sell cannabis. You sold at least 1.5 ounces of cannabis. This gives rise to the charges of selling cannabis and offering to sell cannabis.
Available discounts
[18] I took all of that into account in setting the starting point of 11 years’ imprisonment. But you are entitled, as I have said, to a discount for entering pleas of guilty. The Crown, in its sentencing memorandum, usefully sets out the dates on which you and your co-defendants were charged and the discounts which they got for pleading guilty.
[19] You were first charged in May 2020 in relation to the incident which occurred on 27 May 2020. Further charges were laid against you in July 2020 and the Crown Charge Notice was filed on 20 November 2020. You did not enter your pleas of guilty until 28 May 2021.
[20] The law is that the full discount for entering a plea of guilty is 25 per cent. Your co-defendant, Mr Tyler-Waugh, pleaded guilty on 26 February 2021 and received that full credit. But the full discount should only be available if pleas are entered at the first reasonable opportunity. Your pleas were not entered at the first available opportunity and normally I would award a discount at the lowest end of the range I indicated, namely 15 per cent. But the Crown points out that four of your co- defendants who entered pleas between 3 March 2021 and 21 May 2021 all received discounts of 20 per cent. Parity between co-defendants is an important consideration. I will discount the starting point by 20 per cent to account for your pleas of guilty.
[21] There are factors personal to you which warrant a further discount: you were only 24 years old when you were offending; you have no previous criminal record; you were addicted to methamphetamine and suffering significantly from clinically diagnosed depression. Since your arrest you have completed a 30-day primary care programme to address your drug issues. You have tested free of drugs since December 2020. Having read the s 27 report, which your lawyer obtained on your behalf, the pre-sentence report and your letter to me, I consider you have good prospects of rehabilitation.
[22] Your parents are dairy farmers. You grew up in a home where your parents loved you and looked after you. But they frequently fought with each other and, because of their lengthy work hours, you were often left alone. You did not enjoy
school and you left school at 16. You first tried methamphetamine at the age of 18. But from then, until you were about 22 years old, your life was quite good. You had four months overseas with your sister as an au pair and when you were 21 or 22 years old you bought a house with your long-term boyfriend. Unfortunately, the two of you made friends with a group that was heavily into methamphetamine and you began to use methamphetamine heavily. You broke up with your boyfriend and this was devastating for you emotionally. You had already been diagnosed with serious depression. You had to give up your job and you ended up moving in with one of the men who became one of your co-defendants.
[23] As I have already set out, you became fully involved in the significant methamphetamine operation with which your partner was also involved, although at a more senior level than you were.
[24] Your motivation for being in this criminal organisation was not only to earn money to get methamphetamine to satisfy your addiction but also to get money to pay your bills, particularly to keep up your mortgage payments.
[25] Since your arrest you have turned a corner. I accept that you and the community would be best served by me imposing a sentence of imprisonment which gives you full credit for your personal factors and which is consistent with the level of credit given to other young, first offenders who show significant prospects of rehabilitation.
[26] Your lawyer, Ms Tustin, submits I should allow an overall discount of 25 per cent to take account of all these factors. In my view, that is within the range which I can allow you. The Crown does not dispute that, and so I will allow an overall discount of 25 per cent to take account of your personal factors and the purpose of rehabilitation.
[27] That means that the starting point of 11 years’ imprisonment will be reduced by a total of 45 per cent. I will round that to six years.
[28] You have been on electronically monitored (EM) bail for about 10 months. That has not been particularly onerous since you have been able to work for your brother, and I have to take into account, as the Crown submits, that there have been two breaches of the conditions of your EM bail. I will allow a four months credit for your time on EM bail. That means your end sentence is five years and eight months’ imprisonment.
Sentence
[29] Ms Liefting-Bull, on each of the charges of manufacturing methamphetamine, supplying methamphetamine and offering methamphetamine for supply, you are sentenced to five years and eight months’ imprisonment.
[30] On each of the charges of possession of equipment for the manufacture of methamphetamine, possession of materials for the manufacture of methamphetamine and possession of precursors for the manufacture of methamphetamine, you are sentenced to three years’ imprisonment.
[31] On the charge of selling cannabis, you are sentenced to two years and six months’ imprisonment.
[32] On the charge of offering cannabis for sale, you are sentenced to 18 months’ imprisonment.
[33] All of these sentences are concurrent with each other, which means that your overall sentence is five years and eight months’ imprisonment.
[34] When you were arrested you were in possession of $5,170 in cash. I order that the cash be forfeited to the Crown.
[35] Finally, there remains charge 46 in the Crown Charge Notice, a charge of participating in an organised criminal group. The Crown has elected to offer no evidence on the charge. I dismiss the charge accordingly and discharge you on it.
[36] Ms Liefting-Bull, please listen to me now. Your sentence could have been considerably longer. As it is, you will be eligible to apply for parole in about 18 months. If you continue to develop as a person and continue to show that you are at low risk of re-offending then there is no reason why you will not be paroled. It is up to you. But remember this, there are no second chances when it comes to dealing in drugs. If you come back before the court for sentence on further drug dealing offences there will be no leniency shown. So, please, make the most of this opportunity.
[37]You may stand down.
Brewer J
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