R v P HC Auckland CRI 2004-004-17150

[2005] NZHC 340

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI 2004-004-017150

THE QUEEN

v

P

Appearances: E Finlayson-Davis for the Crown

B Smith on instructions for R Mansfield for the Prisoner

Sentencing:     6 December 2005

SENTENCING REMARKS OF ELLEN FRANCE J

Charges

[1]        P        , you appear for sentencing today having pleaded guilty to one charge of possession of the Class A controlled drug, methamphetamine. You were discharged on a further charge of possession of methamphetamine for supply.

Facts

[2]      On  19  November  2004,  Police  saw  you  leave  the  address  of  a  person described as a drug dealer.    You appeared to have recently consumed methamphetamine.  On a search of your bag, Police found five snaplock bags with

powder residue.  You later admitted that the powder residue was methamphetamine.

R V P  HC AK CRI 2004-004-017150  6 December 2005

[3]      Unfortunately, no pre-sentence report is available.  Counsel for the Crown submits I should defer this sentencing until a report is available.  As you have heard, your counsel has reported your instructions that sentencing should proceed today in the absence of a report.  I agree.  As I have said to counsel, to wait would be unfair to you and I consider I have the information I need to sentence you.

[4]      You are 28 years old and have a partner who is expecting a child.  You have previously had full time employment as a painter.

Submissions of counsel

[5]      The Crown identify the following features which make your offending more serious:

a)        The dangerous nature of methamphetamine; and

b)       Your recent previous methamphetamine-related charges.

[6]      The Crown submits I should impose a term of imprisonment of more than one month as a deterrence to you given your recent one month term of imprisonment for possession of methamphetamine and other recent similar offending.  The Crown say that is necessary to send a general message denouncing this activity.  The Crown acknowledges that a term of the length suggested would have been served by your time on remand.

[7]      On your behalf, it is said that since your arrest you have not consumed drugs and want to stay drug free.  Given you have been in custody on remand for a period, counsel submits there is no need for further punitive and/or deterrent sentence.  The submission is that I should impose a sentence of supervision and include a condition you attend any required and/or approved drug and/or alcohol counselling and/or courses.

[8]      I agree that your recent convictions (one conviction in 2004 for possession of methamphetamine, one of possession of utensils in 2004, and one of possession of methamphetamine in 2005) make this offending more serious.  You also have a number of convictions for disregarding Court orders, for example, breach of periodic detention.

[9]      You have pleaded guilty and that is a credit.   I also take into account your willingness to end your drug problem.

Legal principles

[10]     This offending has a maximum penalty of six months imprisonment or a

$1,000 fine.   Essentially, I accept your counsel’s submissions that in these circumstances the purposes of sentencing you, particularly deterrence and denunciation, are met by a sentence of supervision.  You have been in custody on remand from 16 August 2005 to 21 October 2005 following a breach of your bail conditions.

[11]    Accordingly, on the charge of possession of methamphetamine, I impose a sentence of supervision for a period of 12 months.  The standard conditions in s 49 apply.  In addition, I also impose a condition requiring you to undertake drug and/or alcohol counselling or to attend drug and/or alcohol programmes as directed by your Probation Officer.  I am satisfied supervision with those conditions will reduce the likelihood of your re-offending and is necessary to do so.   A 12 month term will enable you to participate in appropriate programmes.

[12]     You have a chance now Mr P        , to sort yourself out.  You should make sure that you make good use of that chance.

Ellen France J

Solicitors:

Crown Solicitor, PO Box 2213, Auckland

R Mansfield, PO Box 2674, Shortland Street, Auckland