R v Mason

[2016] NZHC 1481

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

CRI-2015-009-5968 [2016] NZHC 1481

THE QUEEN

v

ADRIAN NICHOLAS MASON

Hearing:

1 July 2016

Appearances:

K Bell for Crown

A Bailey for Defendant Mason

Judgment:

1 July 2016

SENTENCING REMARKS OF MANDER J

[1]      As a result of a search warrant executed on Mr Mason’s address on 2 July

2015, the police located in his vehicle a plastic container which contained approximately three grams of the class A controlled drug cocaine.   A search of Mr Mason’s wardrobe located traces of a white powder which were also the class A controlled drug cocaine.

[2]      Located in a wardrobe in Mr Mason’s bedroom was $1,500 cash, a number of syringes, and a gram of the class B controlled drug MDMA.  MDMA is commonly referred to as the party drug Ecstasy.  Some new point bags were also located in a small safe in the garage. A set of electronic scales and a glass pipe were also found.

[3]      Mr Mason admitted to police his knowledge and ownership of the cocaine located in the vehicle, and also his ownership of the MDMA.  Mr Mason has pleaded

R v MASON [2016] NZHC 1481 [1 July 2016]

guilty this morning to one charge of possessing cocaine simplicita and, similarly, to a charge of possessing the MDMA.

[4]      The Crown accepts that I can proceed to sentence Mr Mason on the basis that a short period of community work or a fine would be an appropriate sentence.

[5]      Mr Bailey has advised me that Mr Mason is in paid employment and is in a position to  pay a fine within the statutory period.   Mr Mason does have some previous convictions but not for drug offending, and his most recent conviction is a driving whilst suspended charge which dates back to 2002.

[6]      Having regard to the circumstances of the entry of the pleas this morning, I am minded to impose a fine.  The level of fine that I impose is one of $700, that will apply in respect of both charges.  Therefore, Mr Mason, you are sentenced to a fine of $700 which applies to both charges – that is one single fine of $700.  A fine of

$700 is imposed in respect of the cocaine charge.  In respect of the MDMA charge, you are convicted and discharged. There will also be Court costs of $130.

[7]      You may stand down.

Solicitors:

Raymond Donnelly & Co, Christchurch

Michael Starling Barrister, Christchurch

Andrew Bailey Barrister, Christchurch

Betterlaw, Christchurch