R v Simpson - [2021] NZHC 3548

IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY

I TE KŌTI MATUA O AOTEAROA KIRIKIRIROA ROHE

CRI-2020-019-3685

[2021] NZHC 3548

THE QUEEN

v

RYANN THOMAS SIMPSON

Hearing: 17 December 2021

Appearances:

K Whyte for Crown S Tait for Defendant

Judgment:

17 December 2021

SENTENCING REMARKS OF LANG J

Solicitors:
Hamilton Legal, Hamilton

R v SIMPSON [2021] NZHC 3548 [17 December 2021]

[1] Mr Simpson, you appear for sentence today having pleaded guilty to four sets of charges. You pleaded guilty to three sets of charges in the District Court and one set of charges in this Court. This Court directed that all the charges in the District Court be transferred to this Court so you could be sentenced on all charges at the same time.

[2] The Crown has offered no evidence on the remaining charges in the current version of the Crown Charge Notice. I therefore make an order under s 147 of the Criminal Procedure Act 2011 discharging you on charges 25, 46 and 54.

[3] Your culpability needs to be determined having regard to the agreed summaries of fact presented to both the District Court and this Court. I propose to refer to the charges in chronological order.

Offending on 9 December 2019

[4] At about 11.55 pm on 9 December 2019 the police stopped a motor vehicle you were driving in Huntly. They then carried out a warrantless search under the Search and Surveillance Act 2012. The police found a glass methamphetamine pipe in the driver’s door panel. They also found a clear ziplock bag containing 8.45 grams of cannabis plant material in the centre console of the vehicle. in addition, they found a cellphone, two sets of scales, nine small clear ziplock plastic bags and the sum of
$251 in cash. When they searched your person they found a clear ziplock bag containing 13.19 grams of methamphetamine in the right front pocket of your trousers. This resulted in charges of being in possession of cannabis, being in possession of methamphetamine for supply and being in possession of a methamphetamine pipe.

[5] On 7 February 2020 the police executed a search warrant at your residential address. There they found ten grams of cannabis leaf and a .22 calibre firearm that had been cut down in size so that it was a pistol. This was found unsecured in the garage of the address. You told the police the cannabis was for your personal consumption and you believed the firearm was legal. This resulted in charges of being in possession of cannabis and being in unlawful possession of a firearm.

Offending between 5 April and 14 May 2020

[6] In April and May 2020 the police undertook a wide-ranging investigation into the manufacture and distribution of methamphetamine in the Waikato region. This resulted in the interception and analysis of numerous electronic communications. These revealed that you had been an active part of a group involved in the manufacture and distribution of methamphetamine. You obtained methamphetamine in wholesale…

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 [2021] NZHC 3548
Case: [2021] NZHC 3548
Decision Date: 17 December 2021

CaseChat Overview and Summary

Ryann Thomas Simpson appeared before Lang J in the High Court of New Zealand, Hamilton Registry, to be sentenced for multiple charges of drug possession, supply, and unlawful firearm possession. Simpson had previously pleaded guilty to charges stemming from incidents on 9 December 2019, 7 February 2020, and 27 May 2020, as well as charges relating to drug supply and offer to supply between 5 April and 14 May 2020. The court had to determine Simpson's culpability, establish an appropriate starting point for sentencing, and consider any aggravating or mitigating factors.

The court established a starting point of five and a half years imprisonment, reflecting Simpson's involvement in the drug distribution network. The court took into account Simpson's position within the network, his continued offending while on bail, and the absence of previous convictions. Mitigating factors included Simpson's guilty pleas, his participation in a drug rehabilitation programme, and the influence of his traumatic upbringing on his drug addiction. The court applied a discount of approximately 23% for guilty pleas, 21% for rehabilitation efforts, and 6% for addiction-related factors.

After considering the aggravating and mitigating factors, the court determined an effective sentence of three years and six months imprisonment to be served concurrently. Simpson was sentenced to various terms of imprisonment for the charges related to drug possession, supply, and unlawful firearm possession. The sentences were imposed with the aim of addressing Simpson's criminal behaviour while also taking into account his efforts towards rehabilitation and personal circumstances.

Orders