R v S HC Dunedin Cri-2010-012-2020

[2010] NZHC 1816

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND DUNEDIN REGISTRY

CRI-2010-012-002020

CRI-2010-012-002050

REGINA

v

S
T

Appearances: R Smith for Crown

A Stevens for S 
M Newell for T 

Judgment:      29 September 2010

SENTENCE OF HON. JUSTICE FOGARTY

[1]      Mr S   faces an additional six charges of possession of cannabis for supply,  the  references  ending  2385,  2387,  2388,  2389,  2390  and  2391.    These charges were laid summarily in error and later replaced with amended indictable charges, the intention being that the summarily-laid charges would be withdrawn.  It appears, however, the charges were not withdrawn and Mr S   inadvertently entered guilty pleas to all of the charges outstanding against him.  The effect is that Mr S   has been convicted on summary and indictable charges in relation to the same offending.  On this basis, by consent, Mr S   is given leave to vacate his guilty pleas to the summary charges and I will now hear an application from the

Crown to seek leave to withdraw those charges, leaving only the indictable matters.

R V S AND ANOR HC DUN CRI-2010-012-002020 29 September 2010

[Application made]

[2]      The application has now been made and granted.

[3]      Mr S  , you appear for sentence on numerous charges of dealing in cannabis, including conspiracy to sell, possession for supply (x6), selling (x44), supplying (x7) and possession for supply.  You have pleaded guilty to these charges at the first reasonable opportunity.   We have tidied up the mix-up between the summarily and indictably-laid charges.

[4]      This offending took place in 2009 and was uncovered by the police during an investigation codenamed Operation Rocket into the drug offending of the Mongrel Mob.

[5]      Mr Garth Tairi has already been sentenced, and his sentence has influenced me in the judgment as to the appropriate sentence in this case on the principle that as far as possible we treat offenders like-alike.

[6]      Counsel has impressed on me that the offending stopped prior to your being apprehended in late-2009.  If that is so that is to your credit, but ultimately does not affect the sentence which, as counsel have acknowledged, is to some extent a mathematical exercise here.

[7]      I have read the submissions of your counsel and of Mr Smith for the Crown, and compared them also with Mr Newell.  There is no doubt that this is in band 2 of R v Terewi [1999] 3 NZLR 62, which means a starting point between two and four years. I am persuaded the correct starting point is three and a half years, with an uplift of six months because of the gang-related context, you being the president of the Dunedin chapter of the Mongrel Mob Aotearoa. You are, however, entitled to a full credit of one-third for your immediate acknowledgement of guilt (following the decision of R v Hessell [2010] 2 NZLR 298) and that reduces the sentence to two years, eight months. You are accordingly sentenced to that. I will make that the sentence on all charges, to be served concurrently.

[8]      Mr T  , you appear for sentence on a very similar package of charges. Yours  is  conspiracy to  sell  a  class  C  controlled  drug,  possession  of  a  class  C controlled drug for supply (x6), selling (x44) and supplying to a person aged under

18 years (x7).

[9]      You have a less senior position in the gang.  You are 27 years old, but on the other hand you have a previous history of drug convictions.  For different reasons therefore (because of your previous history) we end up with the same result – we have the same starting point of three and a half years but an uplift of six months because of your previous history, which brings it to four years, and again you are entitled to a one-third discount for your pleas of guilty, which reduces the sentence to two years, eight months.   That will technically be against these packages of charges, but all to be served concurrently.

[10]     I have heard your counsel indicating that this offending did cease, and I know from reading the reports that there is a prospect that you will try to put this kind of behaviour behind you.  You are now entering your late-20s, you have a partner, and I do hope you will be able to establish some sort of life away from crime.

Solicitors:

Crown Solicitor’s Office, Dunedin

A Stevens, Dunedin

M Newell, Dunedin