R v Papich HC Auckland CRI 2008-004-001261

[2008] NZHC 2482

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI 2008-004-001261

REGINA

v

BRENDON JOHN PAPICH

Hearing:         5 August 2008

Counsel:         E R Harrison for Crown

C P Comeskey for Accused

Judgment:      5 August 2008

SENTENCING REMARKS OF FOGARTY J

[1]      Brendon John Papich you appear for sentence in respect of the following charges:

•   Two counts of possession of a Class A drug, namely, methamphetamine and LSD, contrary to s 7(1)(a) of the Misuse of Drugs Act 1975.   The maximum penalty for this offence is six months’ imprisonment and a fine not exceeding $1,000.

•   One count of possession of a utensil (namely a methamphetamine pipe) contrary to s 13(1)(a) of the Misuse of Drugs Act 1975.  The maximum penalty for this offence is one year’s imprisonment and a fine of not more

than $500.

R V PAPICH HC AK CRI 2008-004-001261  5 August 2008

[2]      The police came across your involvement with drugs following you being arrested on an unrelated matter.   They found in your possession a small plastic ziplock bag in your jeans containing a point of P, and hidden in your socks 40 tabs of LSD, and also a glass pipe containing pipe residue.  In your satchel bag they located a yellow coloured straw containing P residue, a set of electronic scales and a calculator.   You were also holding a water bottle which pulled apart to reveal a concealed apartment which contained a small empty ziplock bag.

[3]      Mr Papich I want you to understand that you are extremely fortunate that the police  have  agreed  to  charge  you  on  possession  and  not  pursue  a  charge  of possession for supply.  I am sure that that is a result of responsible submissions that your counsel and family have made to the police, that you deserve a chance of rehabilitation.  The effect of the approach that the police have taken to this matter is that you will not go to prison.  I do hope you understand that you have been given a real opportunity, that in situations like this it is quite common for offenders of this sort to end up in jail.   I do think, and agree with your counsel, that credit for your guilty plea has largely been subsumed in the lower charges.  You owe it to yourself and to your family, who are clearly supporting you, to make sure that this is an opportunity to break this habit which is potentially going to destroy your life and has destroyed so many lives in this country.

[4]      Both counsel for the Crown and  your counsel  agree that the appropriate sentence is a community based sentence.  But in the circumstances, aggravated by the number of LSD tabs found, it has to be a substantial number of hours and I agree with the figure suggested by Ms Harrison of 300 hours community work.  You will find that that is quite a sentence when you have to work your way through.  It is not going to be easy and I do hope, I am sure it will not happen, that you do not fall into the temptation of trying to dodge that sentence because if you do and you come back to Court then you will be in real trouble.

[5]      The Crown and the probation officer, with the appropriate support of your experienced counsel, also recommend supervision with the special condition that you attend a drug program as directed by your probation officer.  This is a very important part of the sentence as it gives you the chance to break this habit.  People within a

drug habit in a way think their life is sane but if they can break it they realise they have been through a period of madness and this is your chance to break the habit by participating in this program.

[6]      Accordingly, I sentence you to 300 hours’ community work on the lead offence of possession of LSD.   In respect of the charges of possession of methamphetamine and conviction of a methamphetamine pipe you are convicted and discharged.   To this sentence of community work there is a special condition that you attend a drug program as directed by your probation officer.  There is an order for the destruction of the drugs, the methamphetamine pipe, plastic straw, electronic scales, calculator and plastic bottle with concealed apartment.

Solicitors:

Meredith Connell, Auckland, for Crown

C P Comeskey, Auckland, for Prisoner