R v Namana
[2017] NZHC 1290
•7 June 2017
IN THE HIGH COURT OF NEW ZEALAND WHANGAREI REGISTRY
CRI-2015-088-003515 [2017] NZHC 1290
THE QUEEN
v
JAMES NAMANA
(AKA) JAMES AMU NAMANA
(AKA) JAMES AMUU RANGI MARIE NAMANA
Hearing: 7 June 2017 Appearances:
N Dore for the Crown
C Muston for the DefendantSentence:
7 June 2017
SENTENCING NOTES OF HINTON J
Counsel/Solicitors:
Marsden Woods Inskip Smith, Whangarei
Christopher Muston, Bararister, Whangarei
R v NAMANA [2017] NZHC 1290 [7 June 2017]
[1] Mr Namana, you have pleaded guilty to nine charges. Eight relate to offering to supply a class A drug, namely methamphetamine, and one relates to conspiring with persons unknown to supply a class A drug, namely methamphetamine.
[2] The maximum sentence for the supply of methamphetamine is life imprisonment. The conspiracy charge carries a maximum sentence of 14 years’ imprisonment.
Facts
[3] The charges arose as a consequence of the police investigation referred to as “Operation Atlas”. This operation targeted the members of the Head Hunters motorcycle gang, as well as their associates, to investigate their manufacture and distribution of drugs in the Northland area.
[4] The police obtained warrants authorising them to intercept cellphone conversations and text messages. You were identified as a street-level dealer of the class A drug methamphetamine and a number of production orders were obtained relating to cellphone numbers the Police believed you were using. It is from the cellphone surveillance and data obtained that the police were able to charge you with the offending to which you have pleaded guilty. On 17 December 2015, when Operation Atlas was terminated, multiple search warrants were executed across the Whangarei District in relation to the targets of the Operation. One such search warrant was executed at your home address. Upon arrival at the address, the Police located cellphones and a tick list, which were consistent with the supply and sale of methamphetamine.
[5] The total amount of methamphetamine you offered or conspired to supply is
3.5 grams.
[6] In sentencing you today, I take into consideration the purposes and principles of sentencing. I consider that in your situation there are particular principles and purposes of sentencing that are of relevance.
[7] In respect of the purposes of sentencing, these are holding you accountable for what you have done, denouncing your conduct and deterring you, promoting a sense of responsibility in you, protecting the community, and promoting your rehabilitation and reintegration. I must also impose the least restrictive outcome appropriate in the circumstances.
[8] I must also apply relevant principles of sentencing, namely, recognising the gravity and seriousness of your offending, and ensuring consistency with appropriate sentencing levels.
Personal circumstances
[9] You are 35 years’ old. You resided by yourself in Whangarei prior to the
offending and had no particular friends or family who were close during that time.
[10] You were using methamphetamine and you were a prospect for the Head Hunters gang. You told the writer of your pre-sentence report that you were not a good prospect, as the gang rules prohibit prospects from using methamphetamine. You also told the report-writer that you stopped prospecting for the gang after you notified them that you intended to quit.
[11] The report-writer noted that, even if you have cut ties with the Head Hunters gang, you continue to have family in the gang and antisocial influences will remain an issue.
[12] You also noted that your partner in Whangarei has a drug-using lifestyle and you recognise you need to sever that relationship in order to refrain from using drugs in future. You said at the time of your interview with the report-writer that you had not spoken to your partner in two months.
[13] Your mother remains supportive of you and is willing to provide whatever support you require to make changes in your life.
[14] The writer of the pre-sentence report recorded that you have taken responsibility for your actions and the consequences you are facing, but you have a limited amount of insight on the basis that you minimised several elements of your offending. You are identified as having a medium level of motivation to address your offending and have indicated that you are keen to re-enter residential rehabilitation. You are assessed as being at a high risk of further offending.
Analysis
Setting a starting point
[15] The guideline decision for sentencing for manufacture and dealing of methamphetamine is R v Fatu.1 Your offending falls within band one of the sentencing bands for sale or supply of methamphetamine. That band relates to supply of less than 5 grams and merits a starting point of two to four years’ imprisonment. The amount of methamphetamine involved in your offending is
3.5 grams.
[16] Your offending involved premeditation and related to a very serious drug that causes severe damage in our community.2 Your actions were commercial in nature and were a result of your association with the Head Hunters motorcycle gang.
[17] In my view, a starting point of two years and 6 months’ imprisonment adequately recognises the nature and culpability of your offending. You were a street dealer and each of your transactions involved reasonably small amounts of methamphetamine. In setting this starting point, I recognise that one of these charges is for conspiracy to supply methamphetamine and that conspiracy charges are generally less culpable than the substantive offence.
Aggravating factors
[18] You have previous convictions in 2012 for very similar drug-related offending that took place in 2011. I consider that an uplift of six months is appropriate to recognise these, as they reflect a clear predilection on your behalf to commit the particular type of offences for which you are to be sentenced.3
Mitigating factors
[19] I note that personal circumstances are given much less weight in commercial drug dealing circumstances than they are in other areas of law.4
[20] You have offered up a number of certificates for courses you have completed while in custody. I commend you for your efforts and encourage you to continue seeking out such courses and programmes.
[21] I have also had the opportunity to read a letter you have written expressing your remorse. The writer of the pre-sentence report recorded that you have a limited amount of insight into your offending on the basis that you minimised several elements of it. It was also accepted that you had taken responsibility for your actions and the consequences you are facing.
[22] However, while on EM bail, you were discharged from Odyssey House after failing a drug test. You then apparently removed your electronic bracelet and were in breach of bail for some six weeks. Clearly you have serious drug addiction problems.
[23] I accept you are remorseful and I would like to apply a discount, but in all of the circumstances, I do not consider it appropriate to do so.
[24] Another Judge has previously indicated a discount of 25 per cent for guilty pleas in relation to this police operation. Twenty-five per cent is the maximum
amount that may be discounted for an early guilty plea.5 The Crown support that discount and I consider that a discount of 25 per cent is appropriate.
[25] The end sentence is two years and three months’ imprisonment.
Sentence
[26] Mr Namana, please stand.
[27] On the charges of offering to supply methamphetamine and conspiring to supply methamphetamine, I sentence you to a term of two years and three months’ imprisonment.
[28] These sentences are to be served concurrently.
[29] You are discharged on the remaining thirteen charges, on which the Crown offers no evidence.6
[30] Mr Namana, you may now stand down.
…………………………………………
Hinton J
5 Hessell v R [2010] NZSC 135, [2011] 1 NZLR 607.
6 Charges 8-16, 19, 21-22 for offering to supply methamphetamine under s 6(1)(c) and (2) of the Misuse of Drugs Act 1975. Charge 18 for possession of methamphetamine under s 6(1)(f) and (2) of the Misuse of Drugs Act 1975.
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