R v P HC Auckland Cri-2010-404-95

[2010] NZHC 1609

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI-2010-404-000095

THE QUEEN

v

P

Appearances: B R Northwood for the Crown

I Tucker for the Prisoner

Sentence:       31 August 2010

SENTENCING NOTES OF PRIESTLEY J

Counsel:

B R Northwood, Meredith Connell & Co, P O Box 2213, Auckland 1140. Fax: [phone]
Email: [email protected]

I Tucker, 26 Hart Road, Takapuna, North Shore City 0622. Fax: [phone]

Email: [email protected].

R V P HC AK CRI-2010-404-000095  31 August 2010

[1]      P  , I am to sentence you today on one representative charge of supplying a precursor substance.  This offence relates to part and parcel of a large police  operation  called  Operation  Web  conducted  between  May  and  September

2008.

[2]      I do not need, for the purposes of sentencing you, to describe your offending in any detail.  Part of the network in which you were involved had in place a system whereby shipments of pseudoephedrine were imported into New Zealand and dispatched by mail to various addresses.  You assisted in this operation by collecting pseudoephedrine and delivering it to various co-offenders.

[3]      As you know you have already been involved in drug offending before.  You have served a home detention sentence.   The offending I am dealing with today predates the offending for which a previous sentence was imposed.

[4]      The Crown, in its submission, states that you were involved in a modest way in what was a major and sophisticated drug dealing ring.  So too unfortunately was a member of your family who is now in prison.

[5]      You pleaded guilty to this offence, when charged, at an early opportunity.  It is accepted by the Crown that your offending was in large part attributable to threats which  were  made  towards  a  family member  and about  whose  safety you  were legitimately concerned.

[6]      There are also other mitigating factors (over and above the early guilty plea) for which you are entitled to a substantial credit which I do not need to detail in these sentencing notes.  Across the board I am satisfied that there are good reasons to give you a substantial discount for mitigating factors in the order of 60%.

[7]      I do not need to say much about your personal circumstances.  You are 49 years of age.  You are currently living in Papatoetoe with a son and also your former partner  who  is  not  well  and  whom  you  are  helping  in  what  I  presume  is  a convalescent phase.

[8]      There are no tariff cases for precursor substance offending.  I have considered counsel’s submissions.  In the normal course of events a start point of around three years would be appropriate.  In your particular instance I regard a start point of two years and nine months as appropriate.  Given that your previous offending was prior to this offence there would be no uplift for any aggravating features.  Applying to that two years and nine months the 60% discount to which I have referred I would come down to an end sentence of somewhere in the region of one year and eight months.  I am mindful of the fact that were I to impose that term of imprisonment on you, you would undoubtedly have an eligibility for parole once you have served six or seven months.

[9]      In terms of the Sentencing Act a one year eight month sentence is a short sentence.  I am obliged to turn my mind to the home detention option.  Also, as a matter of justice, I should impose on you a sentence which is the least restrictive possible in all the circumstances and a sentence which is going to assist your rehabilitation.

[10]     Stand up please.

[11]     Accordingly I sentence you to four months home detention.

a)       You are to proceed from this Court to your address which is suitable for home detention purposes, being 1/52 Kenderedine Road, Papatoetoe and wait there for the arrival of a probation officer and a security officer.

b)You are to undertake any further programmes, during the term of your home detention, which your probation officer may direct.

c)       During your period of home detention you are not to consume any alcohol or illicit drugs.

[12]     I hope all goes well.  Stand down.

.......................................… Priestley J