R v Maihi

[2015] NZHC 639

IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY

CRI-2014-019-3715 [2015] NZHC 639

THE QUEEN

v

WAAKE MAIHI

Charges:

Plea:

Supplying methamphetamine;

Offering to supply methamphetamine (2); Conspiracy to supply precursor;

Selling cannabis;
Unlawful possession of firearm

Guilty

Counsel:

J N Foster for Crown
T Sutcliffe for Prisoner

Sentenced:

1 April 2015

SENTENCING NOTES OF BREWER J

Solicitors/Counsel:          Almao Douch (Hamilton) for Crown

Thomas Sutcliffe (Hamilton) for Prisoner

R v MAIHI [2015] NZHC 639 [1 April 2015]

Introduction

[1]      Ms Maihi, you are here for sentence on the drugs charges and the charge of unlawful  possession  of  a  firearm  on  which  I  gave  a  sentencing  indication  on

27 February  2015.1      In  that  sentencing  indication,  I went  into  detail  on  how  I

structured the sentences that would be imposed if you were to plead guilty.  I am not going to now repeat all of that.  It would serve no purpose.  I simply direct that a copy of my sentencing indication be attached to the sentencing notes that will record what I am telling you now.

[2]      I  approached  this  sentencing,  Ms  Maihi,  feeling  a  sense  of  helplessness because I did not think, with your record of offending in the past and the offences for which I am sentencing you now, there was anything positive that anybody could say about you.  I did not think that I would be hearing anything that might give me some hope for your future.  I am very happy to have been proved wrong.

Personal circumstances

[3]      I see that you are 30 years old.   You come from the sort of dysfunctional background that Judges hear about all the time when looking at people standing in the dock. You had a hopeless start in life and you have followed a path that has been personally destructive to you.  You are a mother of four children and do not have the custody of any of them and you have, since 2000, amassed 45 convictions covering the range of driving, property, violence offences as well as non-compliance with community based sentences.

[4]      But the other side of it is that it might be that you are finally getting some insight into your situation.   The pre-sentence report says that you are a positively motivated, intelligent person with insight into your situation.  The report, which has been echoed by Mr Sutcliffe, says that you are now motivated to help yourself.  I see that you have enrolled in education programmes for maths, English and legal studies, and I hope that you continue that.  You dropped out of school when you were in the

third form and education is the best chance that you have of turning your life around.

1      R v Maihi [2015] NZHC 301.

[5]      I am pleased with what Mr Sutcliffe says, that you are looking at Odyssey House and addressing your drugs problems.  Certainly, the writer of the pre-sentence report wants you to participate in a programme that would help you to learn about yourself and what motivates your offending.

[6]      All of that is for the future.  I have to sentence you on what you have done in the past.  There is not much that I can do to say I recognise your potential.  However, I can say this.   I can reduce the sentence that I indicated to you by three months, which is not a long time.  It is not intended to be a long time.  It is intended by me for you to realise that I have listened to what has been said positively about you and that is a small but real gesture that I can make to encourage you.  That is what I am going to do.

Sentence

[7]      I now come to the formal part of the sentencing which is to  repeat  the sentencing indication that I gave you on 27 February 2015, with the reduction that I have just said.

[8]      Ms Maihi, on the charge of supply of methamphetamine, you are sentenced to four years and nine months’ imprisonment.   On the charges of offering to supply methamphetamine, four years nine months’ imprisonment.   On the charge of conspiring to supply a precursor, one year’s imprisonment.  On the charge of selling cannabis, one year six months’ imprisonment. All of those sentences are to be served concurrently with each other, which means that they are served at the same time. They are not added on to each other.   On the charge of unlawful possession of a firearm, 10 months’ imprisonment to be served cumulatively on the other charges.

You may stand down.

Brewer J