R v Norozi-Sobi HC Auckland CRI-2011-004-678

[2011] NZHC 560

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI-2011-004-678

THE QUEEN

v

MILAD NOROZI-SOBI

Hearing:         30 May 2011

Counsel:         R Burns for the Crown

M Hislop for Mr Norozi-Sobi

Judgment:      30 May 2011

ORAL JUDGMENT OF WOODHOUSE J

Solicitors:

Mr R Burns, Meredith Connell, Office of the Crown Solicitor, Auckland

Mr M Hislop, Barrister, Auckland

R V NOROZI-SOBI HC AK CRI-2011-004-678 30 May 2011

[1]      Mr  Norozi-Soba  pleaded  guilty  in  the  District  Court  to  two  purported charges.  Under CRN 11004001039 the charge was that he conspired with two other people to supply a Class C controlled drug, namely cannabis, contrary to s 6(2A)(c) of the Misuse of Drugs Act 1975. There is no such offence.

[2]      Under  CRN  11004001038  he  pleaded  guilty  to  a  charge  that  he  had possession of cannabis for a purpose specified in paragraph (d) or (e) of s 6(1) of the Misuse of Drugs Act.  The charge is a statutory offence.  Paragraph (d) deals with supply to a person under the age of 18 years and paragraph (e) is directed to sale to a person 18 years or older.   The Crown accepts that the evidence it was relying on established supply to a person 18 years or over, but not sale.  He could have been charged for supply under another section, but that would have been a summary offence with a maximum penalty of three months imprisonment.   Mr Norozi-Sobi has been charged with a separate offence  under the Corrections Act which covers the criminality.

[3]      The  District  Court  declined  to  sentence  Mr  Norozi-Sobi  and  he  was remanded for sentence in this Court.   He has been remanded in custody since 24

January 2011.

[4]      On Mr Norozi-Sobi’s application, and with no opposition from the Crown – in fact with the support of the Crown in the circumstances – I deal with these matters as follows:

(a)       The guilty pleas to both charges are set aside. (b)        Both charges are dismissed.

[5]      Mr Norozi-Sobi has pleaded guilty to other charges which remain in the District Court.  He is due to be sentenced on those matters in August 2001.  This does appear to be a matter where bail should be granted pending sentencing.  There was an appeal to this Court against the earlier refusal of bail in the District Court. That appeal was then withdrawn.   I grant leave for its reinstatement to enable the

matter to be disposed of in this Court.  Counsel anticipate that, provided adequate information is provided by Mr Norozi-Sobi in respect of further residence and other matters, an application for bail can be dealt with by consent and a memorandum will

be filed.

Peter Woodhouse J