R v Milne HC Nelson CRI 2010-042-1429

[2010] NZHC 1251

IN THE HIGH COURT OF NEW ZEALAND NELSON REGISTRY

CRI 2010-042-1429

THE QUEEN

v

RHYCE CRAWFORD MILNE

Hearing:         22 July 2010

(Heard at Blenheim)

Counsel:         A Miller for Crown

M Dollimore for Accused

Sentence:       22 July 2010

SENTENCE OF RONALD YOUNG J

[1]      Mr Milne you have pleaded guilty to blackmail.  The facts are that a relation of the victim apparently owed a small debt of $10 relating to a drug sale.  You learnt that the victim’s partner had been a victim of sexual abuse.   You tried to get the small debt paid by the victim but that was unsuccessful.  The victim of course did not owe you the money.   And so on three occasions you sent abusive threatening texts to the victim saying that unless the debt was paid you would reveal the facts of the sexual abuse on Facebook.   I stress the texts were threatening and abusive. When you were confronted by the police you admitted the offending but said you

would not in fact have posted the information on Facebook.

R V RHYCE CRAWFORD MILNE HC NEL CRI 2010-042-1429  22 July 2010

[2]      As to your past you have a number of previous convictions beginning in the Youth  Court  in  2005.    Since  the  beginning  of  2008  you  have  16 convictions including a number of serious convictions for violent offending including violence against women.   In 2009 you were sentenced to home detention and given a final warning for this violent offending.

[3]      Your pre-sentence report records that you had a good loving childhood but there was a change in your life at 14 years of age when you began using cannabis. You have been in employment until May 2010 when you were made redundant. Your mother now expresses serious concerns understandably about your behaviour.

[4]      You told the probation officer that the text was a spur of the moment action and that it was stupid.  But I do not accept it was entirely spur of the moment.  There were three texts so there must have been three spurs of the moment action.   The probation officer did not think that you were motivated to address your underlying problems which have regularly brought you back before the Court.

[5]      As far as the Crown are concerned they say that the aggravating features include the victim impact and your previous convictions and suggest a sort term of imprisonment.

[6]      I have read the submissions of your counsel and heard his oral submissions. He  stresses  your  early  guilty  plea  and  your  co-operation  with  the  police.    He mentions that your offending is at the lower end of the scale for blackmail that you are now remorseful and that much of your offending has been motivated by your addiction to cannabis.   He accepts a starting sentence of imprisonment might be appropriate but says that a community based sentence should be imposed particularly a lengthy community work sentence.

[7]      I have read the victim impact report.   The effect of what you did on the victims was real and significant.   As the victim has said your behaviour was “absolutely disgusting”.  Neither the victim nor the victim’s partner owed you any money.   You were trying to get money from them that they did not owe you by threatening to reveal that one of them had been the victim of sexual abuse.

[8]      I consider that this offending justifies a sentence of imprisonment in your case.  Firstly, I reject the suggestion the offending was spontaneous.  You had been trying to extort money out of these people who owed you nothing.   You used the most  intimate  and  vulnerable  information  about  a  person  who  had  in  no  way offended you to extort money.   Your treats were persistent and you caused real anguish to the victims.  You did all of this why you were already subject to the last part of your conditions of home detention.  At your last sentencing in April you were given a final warning by the Court that further offending would result in imprisonment.  You have already had home based sentences which you breached and you have been sent to prison for the breaches.  In recent times your life has frankly become lawless.  You ignore Court orders and you have continued to offend.

[9]      Given those circumstances and the facts of this case a starting sentence in the range of eight to nine months’ imprisonment is appropriate.   I reduce that by one third to reflect your early guilty plea leaving a sentence of five and a half months’ imprisonment.

[10]     For the reasons given a sentence of home detention is not appropriate.  Upon release will be six months probation on the special conditions set out in the probation

report.

Ronald Young J

Solicitors:

A Miller, Pitt & Moore, PO Box 42, Nelson 7040

M Dollimore, Barrister, Nelson