R v Sinclair HC Auckland CRI 2007-004-024323
[2008] NZHC 2386
•30 June 2008
IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
CRI 2007-004-024323
THE QUEEN
v
EMMANUELLE CHANTELLE SINCLAIR
Charge:(1) Attempting to supply Class A drug; (2) Using a travel document
Plea: Guilty
Appearances: Tiffany Robertson for Crown
Paul Wicks for Prisoner
Sentenced: 30 June 2008
(1) 6 months imprisonment
(2) 3 months imprisonmentSENTENCING NOTES OF HARRISON J
SOLICITORS
Meredith Connell (Auckland) for Crown
Paul Wicks (Auckland) for Prisoner
R V SINCLAIR HC AK CRI 2007-004-024323 30 June 2008
[1] Ms Sinclair, you pleaded guilty this morning to one charge of using a passport for an unlawful purpose and one charge of attempting to supply methamphetamine to James Rua. The maximum penalty for the first crime is
10 years imprisonment or a $250,000 fine; the maximum for the second crime is
10 years imprisonment.
[2] I am sentencing you now with Mr Wicks’ consent in the absence of a probation report. With respect, that course seems to make sense. Not only have I had the benefit of Mr Wicks’ excellent submissions and Ms Robertson’s responsible submissions for the Crown, I have also been able to read Stevens J’s notes made when sentencing you to two-and-a-half years imprisonment in this Court on
30 October 2007: R v Rua and Anor HC AK CRI 2005-004-2576 30 October 2007. They are a comprehensive description of your previous offending and of your personal circumstances. Also they provide a background explanation for your offending on this occasion arising from your relationship with James Rua.
Facts
[3] I must deal first and briefly with the facts. One afternoon in September 2007, while you were on bail, you visited Mr Rua who was on remand in Mt Eden Prison. You signed into the prison using the name of Jennifer Evans. She is Mr Rua’s sister. You produced her passport to prove your identification. You then, in the course of the visit to Mr Rua, handed over a plastic bag containing several magazines. You gave that to Corrections staff for delivery to Mr Rua. The staff searched the package. They found two small ziplock bags containing 0.6 of a gram of methamphetamine hidden inside one magazine.
[4] Initially you admitted giving false details to the Corrections staff, but you denied any knowledge of the methamphetamine within the package. This morning on the eve of trial before me alone you have now admitted your responsibility for that crime.
[5] It is significant in that context that you had been found guilty along with
Mr Rua of manufacturing methamphetamine. The jury’s verdict was delivered on
26 July 2007. Stevens J remanded Mr Rua in custody. You were granted the indulgence of bail. You committed this offence while enjoying that privilege.
Starting Point
[6] Against this background, Ms Sinclair, I must fix the starting point for your sentence. The starting point is the appropriate term of imprisonment to reflect the wrongdoing inherent in the crime itself before I consider any favourable or unfavourable personal circumstances.
[7] The starting point here for the lead offence of attempting to supply methamphetamine must take into account all relevant sentencing purposes and principles. Among them are deterrence, denunciation and accountability.
[8] Ms Sinclair, you know the evils of methamphetamine. You and Mr Rua have suffered from the ravages of its addiction. Offering that drug to anybody is a serious crime. I am prepared to accept, however, that there was no commercial element. Mr Wicks says that you acted out of a sense of blind faith. You were apparently supplying the drug, or attempting to supply it, to assist Mr Rua in meeting a prison obligation or debt. The source is said to be his brother.
[9] Whatever is the case, you know that your crime is aggravated or worsened by the fact that you were attempting to supply drugs to a sentenced prisoner. You know the problem encountered by prison authorities. You were there again with the benefit of a privilege. You abused it.
[10] Normally, Ms Sinclair, that offending would attract a substantial starting point. However, Ms Robertson accepts that taking all factors into account, including both offences, an appropriate starting point is nine months imprisonment. Within that figure is included an allowance for the fact that you committed these crimes while on bail. You are fortunate that she has taken what I regard to be a very fair and responsible approach. That is the starting point I intend to adopt today.
[11] Against that I must take into account any personal circumstances. First and foremost there is your plea of guilty. It was entered very late. Nevertheless it is a recognition by you of your criminality. You are taking responsibility for what you did. It will be given an appropriate allowance.
[12] You are 26 years of age. You had no previous criminal history until you commenced your association with Mr Rua. He is the father is two of your three children. The oldest child is seven years of age; the younger two are three-and-a- half and two-and-a-half years. They are, I understand, in your mother’s care assisted by other family members. I understand that a term of imprisonment is difficult for you and for the children. You know that they are the victims of your offending. The more you offend, the more frequently you will be separated from them and they will lose the love and support of a mother. I do not think I need to reinforce that message again.
[13] Also Ms Sinclair I recognise that you have suffered, as I said before, from an addiction to methamphetamine. I want to acknowledge the steps you have taken to fight it. You must continue. I am well aware of its long-term effects and the difficulties for anybody attempting to break the habit. The blight, though, on your record is, as I observed to Mr Wicks, your advice to Stevens J when you appeared for sentence that you were fighting your addiction. Nevertheless you chose to obtain access to the drug to supply your boyfriend while he was in prison.
[14] Mr Wicks says that what has happened to you is a blessing in disguise. He calls the period of your life that I am discussing untidy. He emphasises your determination to continue the fight against methamphetamine addiction. He says Mr Rua is also committed to the same objective. I hope that both of you follow that course.
[15] In all the circumstances, Ms Sinclair, I am prepared to accede to Mr Wicks’ genuine plea for mercy. I will allow a discount of three months against the starting point of nine months for your plea of guilty and other personal circumstances.
Particular among those are, first, your motherhood and, second, your desire for rehabilitation. The end sentence which will be imposed on the lead charge of attempting to supply methamphetamine is six months imprisonment. The end sentence on the charge of using a passport is three months imprisonment. Both of those sentences are concurrent; that is, they are to be served alongside of each other. The higher sentence of six months is cumulative, that is added to your existing sentence.
[16] There you are Ms Sinclair. But for the approach adopted by the two counsel today your end sentence could have been higher. You have been given your last chance. You know that if you re-offend again you will go to prison for a longer period. You know the consequences for your children. I wish you well in your
attempts to rehabilitate yourself. Please stand down.
Rhys Harrison J
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