R v Snowden

[2017] NZHC 1291

IN THE HIGH COURT OF NEW ZEALAND WHANGAREI REGISTRY

CRI-2015-088-003515 [2017] NZHC 1291

THE QUEEN

v

TAWAITI SNOWDEN

Hearing:	7 June 2017
Appearances:	N Dore for the Crown K Ellis for the Defendant
Sentence:	7 June 2017

SENTENCING NOTES OF HINTON J

Counsel/Solicitors:

Marsden Woods Inskip Smith, Whangarei

Kelly Ellis, Barrister, Whangarei

R v TAWAITI SNOWDEN [2017] NZHC 1291 [7 June 2017]

Introduction

[1]      Mr  Snowden,  you  have  pleaded  guilty  to  22  charges.    Eleven  relate  to supplying  the  class A drug  methamphetamine,  four  relate  to  offering  to  supply methamphetamine, four relate to possession of methamphetamine for supply and the remaining three relate to conspiracy to supply methamphetamine.

[2]      The maximum sentence for these charges is life imprisonment, except for the conspiracy charges, for which the maximum penalty is 14 years’ imprisonment.

Facts

[3]      The charges arose as a consequence of the police investigation referred to as “Operation Atlas”.    This  operation  targeted  the  members  of  the  Head  Hunters motorcycle gang, as well as their associates, to investigate their manufacture and distribution of drugs in the Northland area.

[4]     The Police obtained warrants authorising them to intercept cellphone conversations and text messages.   The evidence for the charges you have pleaded guilty to was obtained from intercepted conversations and text messages.  You were identified as an associate of the Northland Head Hunters and your role was primarily to sell methamphetamine at a street level.  You received a profit from selling it.  You operated independently from the syndicate identified in Operation Atlas, but you liaised with some of the individuals who were directly involved in the Head Hunters operation, and you would support one another in the manufacture and supply of methamphetamine in the local area.

[5]      The  total  amount  of  methamphetamine  offered,  supplied  or  in   your possession amounted to at least 63.3 grams.

Purposes and principles of sentencing

[6]      In sentencing you today, I take into consideration the purposes and principles of sentencing.   These are holding you accountable for what you have done, denouncing your conduct and deterring you, promoting a sense of responsibility,

protecting  the  community,  and  promoting  your  rehabilitation  and  reintegration. I must also impose the least restrictive outcome appropriate in the circumstances.

[7]      I must also apply the following principles of sentencing, namely, recognising the gravity and seriousness of your offending, and ensuring consistency with appropriate sentencing levels.

Personal circumstances

[8]      You are 27 years’ old.  Prior to your offending, you were living in Whangarei with your young son and daughter, both of whom lived with you after you separated from their mother. Your children now live with your father.

[9]      You have previously worked in the scaffolding industry and hope to re-enter that field after retraining and certifying.

[10]     You are a drug user, which you attribute to the loss of three of your brothers. You blame your drug use on your inability to deal with your grief.

[11]     The factors that contributed to your offending have been identified as being your drug use, your lifestyle and attitudes towards offending, and the antisocial influence of others. The report-writer noted that you have familial ties to gangs.

[12]   Your interview with the report-writer was cut short because you were emotionally distressed.   Prior to the interview ending, you indicated a willingness and motivation to address your offending in whatever way might be required.

[13]     You are assessed as posing a low risk of offending, although it was noted that if your issues with experiencing grief remain, this risk will increase.

Analysis

Setting a starting point

[14]     The lead charges are those of supplying, offering to supply, conspiracy to supply and possession of methamphetamine.  The guideline decision for sentencing

for manufacture and dealing of methamphetamine is R v Fatu.1   Your offending falls within band two of the sentencing bands for sale or supply of methamphetamine. That band relates to supply of 5 to 250 grams and merits a starting point of three to nine  years’ imprisonment.    The  amount  of  methamphetamine  involved  in  your offending is at least 63.3 grams.

[15]     Your offending was commercial in nature.  You were a street dealer, although you   acted   somewhat   independently   from   the   drug   syndicate   identified   in Operation Atlas.  Your offending also involved premeditation and related, as I have said a number of times today, to a very serious drug that causes a lot of damage.2

[16]     In my view, a starting point of four years and six months’ imprisonment is appropriate. The starting point cannot be less than that for consistency with the sentence in R v Housham,3 Mr Housham being a co-defendant.

Aggravating factors

You have no previous convictions relating to drugs.  The Crown acknowledges that no uplift is required for your previous convictions and I do not impose one.

Mitigating factors

[17]     Your counsel submits on your behalf that a discount should be given in respect of evidentiary concessions  you made to shorten proceedings  and reduce costs.4   Concessions of that nature are very similar to the effect of a guilty plea, for which you will receive a full discount.  I do not consider a further discount in that regard is appropriate or necessary.

[18]     With respect to remorse, I recognise from the pre-sentence report that you are genuinely remorseful for your actions.  I also have letters from you and others as to

remorse and your previous good character.   However, personal circumstances are

1      R v Fatu [2006] 2 NZLR 72 (CA).

2      R v Cochrane HC Whangarei CRI-2010-027-143, 18 March 2011.

3      R v Housham [2016] NZHC 1652.

4      Evidence Act 2006, s 9.

given far less weight in commercial drug dealing cases than they are in other areas of law. 5   For your remorse, I am prepared to allow a discount of two months.

[19]     Another Judge has previously indicated a discount of 25 per cent for guilty pleas in relation to this Police operation.   Twenty-five per cent is the maximum amount that may be discounted for an early guilty plea.6   The Crown do not oppose a discount of 25 per cent, and I consider that it is appropriate in your case.  That brings the final sentence to one of three years and three months’ imprisonment.

Sentence

[20]    On the charges of offering to supply, supply, conspiracy to supply and possession for supply, you are sentenced to three years and three months’ imprisonment.

[21]     Each sentence is to be served concurrently, so that the maximum period is

three years and three months’ imprisonment.

[22]     You are discharged on the remaining three charges, on which the Crown offers no evidence.7

[23]     Mr Snowden, you may now stand down.

…………………………………………………..

Hinton  J

5      Jarden v R [2008] NZSC 69, [2008] 3 NZLR 612 at [12].

6      Hessell v R [2010] NZSC 135, [2011] 1 NZLR 607.

7      Charges 17-18, and 25.   Charge 17 related to conspiracy to manufacture methamphetamine under s 6(2A) of the Misuse of Drugs Act 1975.  Charge 18 related to possession of equipment under s 12A(2)(b) and 12A(3)(b) of the Misuse of Drugs Act 1975.   Charge 25  related to participation in an organised criminal group under s 98A of the Crimes Act 1961.