R v Phillips

[2018] NZHC 2119

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE

CRI-2017-091-000902

[2018] NZHC 2119

THE QUEEN

v

JONELLE RACHEL PHILLIPS

Counsel:

E M Light for Crown

M N Pecotic for Defendant

Sentence:

17 August 2018

NOTES ON SENTENCE OF COLLINS J

Introduction

[1]Ms Phillips, you appear for sentencing on the following charges:

(1)two charges of supplying methamphetamine;1

(2)one representative charge of supplying methamphetamine;2

(3)one representative charge of supplying cannabis;3

(4)one charge of possession of methamphetamine for supply;4

1      Misuse of Drugs Act 1975, s 6(1)(c) and (2)(a) and Crimes Act 1961, s 66(1); maximum penalty life imprisonment.

2      Misuse of Drugs Act 1975, s 6(1)(c) and (2)(a); maximum penalty life imprisonment.

3      Section 6(1)(e) and (2)(c); maximum penalty eight years’ imprisonment.

4      Section 6(1)(f) and (2)(a); maximum penalty life imprisonment.

R v PHILLIPS [2018] NZHC 2119 [17 August 2018]

(5)one charge of possession of the Class B controlled drug NBOMe;5 and

(6)one charge for possession of cannabis for supply.6

[2]This morning I will:

(1)set out your offending;

(2)outline the appropriate starting point for that offending;

(3)explain the adjustments that I will make to that starting point; and

(4)give you your final sentence.

Summary of offending

[3]        The charges result from a police operation code-named “Operation Walnut” which commenced in November 2016. The investigation targeted the commercial supply of methamphetamine in the Wellington region.

[4]        A surveillance device warrant allowed police to intercept private communications and carry out visual surveillance of two principal targets, Mr Blance and Mr Berkland. They were purchasing kilogram quantities of methamphetamine from Auckland-based suppliers. Mr Blance and Mr Berkland would then on-supply the methamphetamine to a number of associates in their distribution networks. Most of the offending took place at an address at Coates Street in Tawa. Associates would then on-supply the methamphetamine further. You were one of the Auckland-based suppliers.

[5]        Mr Smith, the other Auckland-based supplier, had an associate who was involved in the importation of methamphetamine. He had a disposable phone – referred to as a burner phone – that he used to contact this associate. He also referred to this associate as his “partner”.

5      Misuse of Drugs Act 1975, s 7(1)(a) and (2)(b); maximum penalty three months’ imprisonment.

6      Section 6(1)(f) and (2)(c); maximum penalty eight years’ imprisonment.

[6]        Analysis of your phone communications also revealed that when you wanted to supply your own customers, you would contact Mr Smith so that he could obtain more methamphetamine from his importer.

[7]        Mr Smith used burner phones to contact Mr Blance about methamphetamine supplies and changed those phones periodically. When Mr Blance placed an order, you would travel from Auckland with Mr Smith to a predetermined location in order to carry out the supply.    During the period of the  investigation Mr Blance and     Mr Berkland purchased at least six kilograms of methamphetamine from you and  Mr Smith, at an estimated cost of $2,100,000. Mr Smith received payment for his involvement, and the balance was…