R v Sarah - [2013] NZHC 959

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI-2012-004-17117 [2013] NZHC 959

THE QUEEN

v

TIMOTHY JOHN RUSSELL SARAH

Hearing: 3 May 2013

Counsel: RMA McCoubrey and J MacGibbon for Crown
RM Mansfield and V Withy for Prisoner

Sentencing: 3 May 2013

SENTENCING NOTES OF TOOGOOD J

Solicitors:
RMA McCoubrey, Meredith Connell, Auckland: robin.mccoubrey@meredithconnell.co.nz
R Mansfield, Barrister, Auckland: ron@22lorne.co.nz

R v SARAH HC AK CRI-2012-004-17117 [3 May 2013]

Introduction

[1] Timothy John Russell Sarah, you appear for sentence having pleaded guilty to five charges, namely:

(a) three counts of supplying the Class A drug methamphetamine,1

(b) one count of possessing methamphetamine for supply;2 and

(c) one representative count of accessing a computer for a dishonest purpose.3

Factual background

[2] I think it is only fair that I condition you to the outcome of the sentencing Mr Sarah, by telling you that it is not my intention to sentence you to home detention.

[3] The bare statement of the charges which I have just made, does not adequately reflect the disgraceful nature of the behaviour which brought you here, or the true criminality of your offending. You were one of a number of people whose activities came under scrutiny in the course of a Police investigation, Operation Ark, which was undertaken between 2009 and 2011. What makes your crimes more reprehensible is that you are a qualified lawyer, you were an admitted member of the legal profession and throughout the period of your offending you were employed in Auckland by the New Zealand Police as a non-sworn Police prosecutor.

[4] It was established not only that were you passing on information from Police sources to criminals involved in Operation Ark, one of whom was supplying you with methamphetamine, but also that you were supplying methamphetamine
yourself.

1      Misuse of Drugs Act 1975, s 6(1)(c).
2      Misuse of Drugs Act 1975, s 6(1)(f).
3      Crimes Act 1961, s 249(1)(a).

[5] The agreed summary of facts relating to the three charges of supplying methamphetamine discloses that you sold methamphetamine at street level in February 2010 and on at least eight occasions during July and August 2011. After receiving coded text messages from associates requesting to purchase methamphetamine, you would arrange to meet the buyer at a discrete location and supply them with methamphetamine of varying quantities ranging from one to four grams at a time. This sometimes occurred while you were working. The total amount of methamphetamine supplied has been agreed at around 21 grams.

[6] On 16 November 2011 your address was searched by Police. In both your car and your house the Police found zip-lock bags containing methamphetamine or methamphetamine residue. This gives rise to the charge of possession of methamphetamine for the purposes of supply.

[7] Dealing in a Class A drug in those ways is serious enough in itself but more serious, in my view, was the discovery that between September 2009 and July 2011 you accessed the Police’s computerised National Intelligence Application on over 80 separate occasions.…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Sarah

Details

AGLC: R v Sarah [2013] NZHC 959
Case: [2013] NZHC 959
Decision Date: 3 May 2013

CaseChat Overview and Summary

In the High Court of New Zealand, Timothy John Russell Sarah was sentenced on charges including supplying methamphetamine, possessing methamphetamine for supply, and accessing a computer for a dishonest purpose. Sarah, a former Police prosecutor, engaged in extensive criminal activity, including selling methamphetamine and accessing sensitive Police information to warn criminal associates. The court emphasized the gravity of his actions, particularly given his position of trust within the Police force.

The legal issues revolved around determining an appropriate starting point for the sentence, considering the nature and extent of the breaches of trust, the seriousness of the offenses, and the impact on public confidence in law enforcement. The court also needed to weigh personal mitigating factors, such as Sarah's good character, expressions of remorse, and efforts towards rehabilitation.

The court concluded that the representative charge of accessing a computer for a dishonest purpose should be treated as the lead offence due to the high degree of culpability involved. It set a starting point of five and a half years' imprisonment for this charge, considering the maximum penalty and the need to uphold public confidence in law enforcement. The court then adjusted this starting point to account for the methamphetamine offenses, resulting in an overall uplifted starting point of six and a half years' imprisonment. After applying discounts for mitigating factors and guilty pleas, the final sentence was set at five years' imprisonment, with the terms to be served concurrently, resulting in an effective sentence of four years' imprisonment.

The court's decision underscored the importance of accountability and deterrence in cases involving breaches of trust and significant criminal activity, while also considering the defendant's personal circumstances and efforts towards rehabilitation.

Orders