R v Shaw

Case [2015] NZHC 238


IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI-2014-004-005509 [2015] NZHC 238

THE QUEEN

v

PETER MATTHEW SHAW

Hearing: 20 February 2015

Appearances:

B D Tantrum for the Crown
DGA Reece for the Defendant

Sentencing:

20 February 2015

SENTENCING NOTES OF WOOLFORD J

Counsel/Solicitors:

DGA Reece, Auckland

Crown Solicitor, Auckland

R v PETER MATTHEW SHAW [2015] NZHC 238 [20 February 2015]

Summary

[1]      Mr Shaw, you pleaded guilty on 12 December 2014 to a series of charges, primarily revolving around the production and supply of methamphetamine.   You appear today for sentencing in respect of the following charges:

(a)       One    charge    of    manufacturing    the    class    A   controlled    drug, methamphetamine.1     This  arises  from  three  separate  incidents  on

28 February 2014, 12 March 2014 and 9 April 2014.  The maximum penalty is life imprisonment.

(b)Two charges of possession of methamphetamine for the purposes of supply2 - one on 12 March 2014, and the other between 24 April and

7 May 2014.

(c)       One charge of forgery, by creating false drivers licences on 28 March

2014.3

(d)      One charge of supplying the class B controlled drug (Ephedrine) on

3 April 2014;4   and

(e)       One charge of unlawful possession of a firearm.5

Facts

[2]      The charges you face all follow a New Zealand Police operation entitled

Operation Genoa.  The agreed summary of facts lays out the full extent of the drug manufacturing operation you were involved with.

1      This charge arises under s 6(1)(b) and 6(2) of the Misuse of Drugs Act, with a maximum penalty of life imprisonment.

2      These charges arise under s 6(1)(f) and (2) of the Misuse of Drugs Act, with a maximum penalty of life imprisonment.

3      This charge arises under s 256(2) of the Crimes Act 1961 with a maximum sentence of three

years imprisonment.

4      This charges arises under s 6(1)(c) and 6(2) of the Misuse of Drugs Act, with a maximum penalty 14 years imprisonment.

5      This  charge  arises  under  s  45(1)  Arms  Act  1983,  with  a  maximum  penalty  four  years imprisonment or a $5000 fine.

[3]      Operation  Genoa  began  in  2013,  after  suspicion  that  you  and  your  co- defendants were manufacturing and supplying methamphetamine caused the Police to obtain surveillance devices to monitor your actions.

[4]      Mr Shaw, you manufactured methamphetamine on three occasions, although there is just the one charge.  The first occasion, on 28 February 2014, produced 830 grams.   An unknown amount was yielded in the second manufacture, which took place on 12 March 2014.  The Police estimate that on the third occasion, on 9 April

2014, you were part of the manufacture of approximately one kilogram of methamphetamine based on the 1.8 kilograms of ephedrine used in the process.  This in total is around 1.83 kilograms of methamphetamine that can be reasonably be verified.

[5]      To do so, you purchased key ingredients and tools, including bags of ice to cool the reaction vessel.  You transported the drugs to storage locations, and rented many of the storage locations used.

[6]      When  the  Police…

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R v Shaw [2015] NZHC 238
Case
[2015] NZHC 238
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CaseChat Overview and Summary

The case of R v Shaw involved the defendant, Peter Matthew Shaw, who pleaded guilty to charges including the manufacturing and supply of methamphetamine, forgery, and unlawful possession of a firearm. Shaw was sentenced in the High Court of New Zealand, Auckland Registry. The court was required to decide the appropriate sentence for Shaw considering the severity of the offences, his role in the drug manufacturing operation, and personal mitigating factors. The court deliberated on the appropriate starting point for sentencing based on the amount of methamphetamine manufactured and the defendant's role in the operation. It also considered the additional charges and their impact on the overall sentence. The court balanced the need to denounce the offending, deter future criminal behaviour, and account for Shaw's potential for rehabilitation.

The court ultimately decided on a starting point of 14 and a half years imprisonment for the lead offence of manufacturing methamphetamine. This was adjusted upwards by nine months to account for the additional charges, resulting in a total starting point of 15 years and 3 months imprisonment. A 25 per cent discount was applied for Shaw's early guilty plea, reducing the sentence to 11 years and 5 months imprisonment. The court also imposed a minimum non-parole period of 5 years and 9 months, reflecting the seriousness of the offending and the need for deterrence, while considering Shaw's potential for rehabilitation. The final orders were that Shaw be sentenced to 11 years and 5 months imprisonment for the manufacturing charge, with a minimum non-parole period of 5 years and 9 months. Sentences for the other charges were imposed concurrently.

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

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Ratio Decidendi

Legal Principle Established

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