R v Quinlan HC Auckland CRI 2003-004-39455

[2005] NZHC 1698

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI 2003-004-39455

THE QUEEN

v

RYAN BRADLEY QUINLAN

Hearing:         17-18, 22-23 November 2004 Appearances: AR Burns for Crown

R Mansfield for Accused Judgment:     14 February 2005

SENTENCING NOTES OF LAURENSON J.

Solicitors:

Crown Solicitor, Auckland

R V RYAN BRADLEY QUINLAN HC AK CRI 2003-004-39455 [14 February 2005]

[1]                 Mr Quinlan, you were found guilty by a jury and then convicted in this Court on 23 November 2004 on charges of:

[a]Being in possession of a class B controlled drug, namely, MDMA, commonly known as Ecstasy, for the purpose of supplying it to another person. The maximum penalty for this crime pursuant to s6(2)(b) of the Misuse of Drugs Act 1975 (“the Act”) is 14 years imprisonment.

[b]Conspiring with other persons to export the same drug from New Zealand. The maximum penalty for this crime pursuant  to s2A(b) of the Act is 10 years imprisonment.

[2]You now appear for sentence.

[3]                 Sentence was originally due on 17 December 2004, but was adjourned from that date at your request.

[4]                 As you are aware, a number of matters were raised at sentence this morning. I have given anxious consideration to those matters, and to the submissions received earlier.

[5]                 Having done so I have concluded that, an appropriate sentence in your case is 7½ years, and that there should be a minimum non-parole period of 3 years and 9 months.

[6]                 There are a number of matters arising, principally from the submissions this morning, that will take me a little time to set out carefully and clearly. I will therefore be providing reasons for my sentencing decision within this week.

[7]Please stand down.