R v Simpson - [2022] NZHC 1902

IN THE HIGH COURT OF NEW ZEALAND TAURANGA REGISTRY

I TE KŌTI MATUA O AOTEAROA TAURANGA MOANA ROHE

CRI-2020-070-2302

[2022] NZHC 1902

THE QUEEN

v

CALEBH JESSE SIMPSON

Hearing: 5 August 2022

Appearances:

R W Jenson for Crown

P K Hamlin for Defendant

Judgment:

5 August 2022

SENTENCING REMARKS OF LANG J

Solicitors:
Crown Solicitor, Tauranga

R v SIMPSON [2022] NZHC 1902 [5 August 2022]

[1] Mr Simpson you appear for sentence having pleaded guilty in this Court to representative charges of manufacturing, supplying and being in possession of methamphetamine for supply. In addition, you have pleaded guilty to charges of being in possession of equipment, precursor substances and materials for use in the manufacture of methamphetamine.

[2] You have also pleaded guilty to being in possession of cannabis for the purpose of supply and being in unlawful possession of firearms and ammunition. Finally, you have pleaded guilty to a charge of money laundering. All these charges relate to offending that occurred in Whakatane between June 2019 and your ultimate arrest on 13 February 2020. I will therefore refer to them as the Whakatane charges.

[3] The maximum penalty applicable to the methamphetamine-related charges is life imprisonment. The maximum penalties on the remaining charges range between four and seven years imprisonment.

[4] In addition, you pleaded guilty to three charges in the Manukau District Court. These are charges of being in possession of methamphetamine for supply and being in unlawful possession of a firearm and ammunition. I will refer to these as the Manukau charges. They have been transferred to this Court so you can be sentenced on them in conjunction with the sentences to be imposed on the Whakatane charges.

Background

The Manukau charges

[5] The Manukau charges were laid as a result of an incident that occurred on the morning of 10 April 2019. On that date police officers in a patrol vehicle observed you using a cellphone whilst you were driving on State Highway 22 near Paerata. The police activated their red and blue flashing lights, and you stopped your vehicle. As you had no form of identification on you, the police searched your vehicle with your consent to locate any documentation that might confirm your identity.

[6] You then consented to the police searching a bag that they found behind the front passenger seat. Inside the bag the police found a small container with a white

crystalised substance inside. When the police asked you what was in the container you told them it contained methamphetamine. The police then conducted a warrantless drug search under the Search and Surveillance Act 2012. They then found 293 grams of methamphetamine, approximately $3,000 in cash and a white bucket containing iodine residue. Digital scales and approximately 100 small zip lock bags were also found.

[7] In addition, the police found a cut-down .30 calibre military style semi- automatic rifle, a collapsible shotgun stock and nine rounds of ammunition, including two 12-gauge shotgun cartridges and six .30 calibre rounds of ammunition.

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 Simpson

Details

AGLC: R v Simpson [2022] NZHC 1902
Case: [2022] NZHC 1902
Decision Date: 5 August 2022

CaseChat Overview and Summary

The defendant, Calebh Jesse Simpson, was sentenced in the High Court of New Zealand Tauranga Registry after pleading guilty to various drug-related charges, including manufacturing, supplying, and possessing methamphetamine for supply, possessing cannabis for supply, and unlawful possession of firearms and ammunition. Simpson also pleaded guilty to a charge of money laundering. The court determined an overall starting point of 18 years imprisonment for the Whakatane charges, which involved the manufacturing and distribution of methamphetamine, and an uplift of two years for the Manukau charges, which involved possession of methamphetamine and firearms. Aggravating factors included the defendant's continued offending while on bail, while mitigating factors included his guilty pleas and mental health issues. Ultimately, the court sentenced Simpson to 12 years imprisonment with a minimum term of five years before being eligible for parole. All sentences were to be served concurrently.

Orders