R v Phillips

Case [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…

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R v Phillips [2018] NZHC 2119
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[2018] NZHC 2119
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CaseChat Overview and Summary

In the High Court of New Zealand, Collins J delivered the sentencing decision in the case of The Queen v Jonelle Rachel Phillips. Ms Phillips was convicted of multiple drug-related charges, including supplying methamphetamine, possessing methamphetamine for supply, supplying cannabis, possessing cannabis for supply, and possessing the Class B controlled drug NBOMe. The charges stemmed from a police operation targeting the commercial supply of methamphetamine in the Wellington region. Ms Phillips was found to be an Auckland-based supplier who provided large quantities of methamphetamine to intermediaries, who then distributed the drugs further. Ms Phillips' role in the operation, while significant, was secondary to that of the main supplier, Mr Smith.

The legal issues in this case centered around determining the appropriate starting point for Ms Phillips' sentence, given the nature and quantity of her offending, and then adjusting that starting point based on various aggravating and mitigating factors. The court considered Ms Phillips' premeditation and planning, the amount of methamphetamine involved, and her role in the overall operation. The court also took into account Ms Phillips' previous convictions, her PTSD and efforts to address her drug dependency, her genuine remorse, and the fact that she had been on restrictive bail conditions since September 2017.

After considering the aggravating and mitigating factors, Collins J determined that a starting point of six years' imprisonment was appropriate for Ms Phillips. The court then applied various discounts and uplifts based on the factors discussed above. Ultimately, Ms Phillips was sentenced to four years and three months' imprisonment on the two main methamphetamine charges, with concurrent sentences for the other charges. The total sentence was four years and nine months' imprisonment, to be served concurrently. The court also ordered the destruction of all drug paraphernalia.

In summary, the court balanced the significant harm caused by Ms Phillips' drug dealing activities with her personal circumstances and efforts to address her drug dependency. The final sentence reflected the seriousness of the offending, while also taking into account Ms Phillips' mitigating factors and her genuine remorse.

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