R v Rhodes

Case [2016] NZHC 2729


IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY

CRI  2015-019-6211 [2016] NZHC 2729

THE QUEEN

v

RICHARD HEBOLD RHODES

Hearing: 15 November 2016

Counsel:

J N Foster for Crown
C Bean for Defendant

Judgment:

15 November 2016

SENTENCING NOTES OF HEATH J

Solicitors:

Crown Solicitor, Hamilton
Counsel:

C Bean, Hamilton

R v RHODES [2016] NZHC 2729 [15 November 2016]

Introduction

[1]      Richard Hebold Rhodes, you appear for sentence today having pleaded guilty on the first day of your trial, 25 October 2016, to one charge of supplying the Class A controlled drug methamphetamine, one representative charge of selling the Class C controlled drug cannabis and one charge of possessing of cannabis for sale. On the second day of your trial, 26 October 2016, you pleaded guilty to additional charges: one representative charge of supplying methamphetamine, two stand alone charges of supplying methamphetamine, one representative charge of offering to supply methamphetamine, one of possessing methamphetamine for supply, one of supplying cannabis to a young person, and one of conspiracy to cultivate cannabis.

[2]      On all of the pleas of guilty entered on 25 and 26 October 2016, you were convicted. You now appear for sentence on each.

Sentence indications

[3]     I take as the lead charges for sentencing purposes those of supplying methamphetamine.   The maximum sentence for offending of that type is life imprisonment.

[4]      You received a sentence indication on 13 April 2016.1   You declined to plead guilty on the basis of that indication, as was your right.   Subsequently, the Crown identified  dealing  in  methamphetamine  at  a  level  significantly  higher  than  put forward in the summary of facts for the purpose of that sentence indication.

[5]      You sought a second sentence indication based on that new information.   I gave that on 29 September 2016.2   Once again, you declined to accept the indication. You were remanded for trial which was to commence on 25 October 2016.  The trial was scheduled for four weeks.

[6]      Generally speaking, notwithstanding that you declined to accept the second sentence indication, I shall sentence you on the basis of it.  I have one qualification

1      R v Rhodes [2016] NZHC 662.

2      R v Rhodes [2016] NZHC 2323.

in saying that. That qualification is that I will assessing whether any credit should be given for the guilty pleas independently of that earlier sentence indication.

Facts

[7]     In August 2015, the Waikato Police Organised Crime Squad began an investigation  which  was  code-named  Operation  Daydream.    It  focussed  on  the supply  of  methamphetamine  in  the  Te Aroha  and  Paeroa  regions.    The  Police identified a group of individuals who appeared to be working together.  As a result, warrants were obtained to intercept private communications, and a covert phase of the operation began.

[8]      During the covert phase, a number of investigative techniques were used by the Police.  They included back-captured text messages and surveillance confirming the identity of a number of individuals involved in the drug dealing enterprise.  An undercover police officer was also deployed.…

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R v Rhodes [2016] NZHC 2729
Case
[2016] NZHC 2729
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CaseChat Overview and Summary

In the High Court of New Zealand, Richard Hebold Rhodes was sentenced on various drug-related charges, including supplying and possessing methamphetamine and cannabis, and conspiracy to cultivate cannabis. The court considered the methamphetamine charges as the primary offenses, which carried a potential maximum penalty of life imprisonment. The court outlined the extensive nature of Rhodes' criminal activities, which involved significant quantities of drugs and multiple transactions with undercover police officers. The court highlighted the aggravating factors, such as Rhodes' prior criminal history and his involvement in drug trafficking while on bail for firearms offenses.

The legal issues before the court involved determining the appropriate sentence for Rhodes, considering both aggravating and mitigating factors. The court assessed whether credit should be given for Rhodes' late guilty pleas and his expressions of remorse, ultimately deciding against it due to the severity of the offenses and the repeated opportunities Rhodes had to plead guilty earlier. The court also considered the need for denunciation, deterrence, accountability, and community protection as primary sentencing goals.

The court concluded that Rhodes' offending warranted a sentence within Band 4 of the leading tariff decision for methamphetamine supply, which covers very large commercial quantities. The court set a starting point of 12 years and six months’ imprisonment, adjusted upwards by 18 months to account for personal aggravating factors such as his history of dealing in firearms and methamphetamine. After rejecting all mitigating factors, the court imposed a total sentence of 14 years’ imprisonment for the methamphetamine offenses, with a concurrent five-year sentence for the cannabis-related offenses. The court also imposed a minimum non-parole period of 50 percent of the total sentence, equating to seven years' imprisonment. Finally, the court ordered the forfeiture of the cash seized during the operation.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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