IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
CRI-2014-004-5509 [2015] NZHC 2336
THE QUEEN
v
SHANNON KAY STEVENS
Charges:
Plea:
See over
Guilty
Counsel:
R M A McCoubrey and K Eastwood for Crown
A G Speed for PrisonerSentenced:
25 September 2015
SENTENCING NOTES OF BREWER J
Solicitors/Counsel: Meredith Connell (Auckland) for Crown
Andrew Speed (Auckland) for Prisoner
R v STEVENS [2015] NZHC 2336 [25 September 2015]
Introduction
[1] Ms Stevens, on 19 August 2014 you pleaded guilty to a large number of methamphetamine-related charges, two charges involving the unlawful possession of a restricted weapon and a firearm, and three charges of obtaining a document, as
follows:
Offence Section / Act Maximum penalty Manufacture of
methamphetamine (x3)
Misuse of Drugs Act
1975, ss 6(1)(b) and
6(2)(a)
Life imprisonment Supplying methamphetamine Sections 6(1)(c) and
6(2)(a)
Life imprisonment Possession of
methamphetamine for supply
Sections 6(1)(f) and
6(2)(a)
Life imprisonment Possession of ephedrine for
supply (x2)
Sections 6(1)(f) and
6(2)(b)
14 years imprisonment Possession of equipment with
intent (x2)
Sections 12A(2)(a) and
12A(3)(b)
5 years imprisonment Possession of material with
intent
Sections 12A(2)(a) and
12A(3)(b)
5 years imprisonment Unlawful possession of a
restricted weapon
Arms Act 1983,
s 50(1)(b)
3 years imprisonment
and/or $4000 fine
Unlawful possession of a
firearm
Section 45(1) 4 years imprisonment
and/or $5000 fine
Obtaining a document (x3) Crimes Act 1961,
s 228(a)
7 years imprisonment
Facts
[2] I am not going to go through the facts of your case in any detail. The facts to which you pleaded guilty are set out in the summary of facts.
[3] You have been, for some time, a leading member of a group involved in the large scale manufacture and supply of methamphetamine. You have gained significantly from your activities. The amount of methamphetamine manufactured is high, and for the purpose of the three charges it is certainly greater than two kilograms.
[4] The reason I am not going into the facts in any detail is because the path that you have chosen to tread is a well worn path and the tariff case of R v Fatu gives me clear guidance on how I should approach your case.1
Starting point
[5] I consider that your case is deep within band 4 of Fatu. This means that I should adopt a start point of between 13 years’ imprisonment and life imprisonment. The Crown submits that a start point of 16 years’ imprisonment is appropriate and your lawyer submits that a start point of 14-and-a-half years’ imprisonment is where the law should take me.
[6] In my view, given the quantity of methamphetamine manufactured on the three occasions identified, a start point of 16 years’ imprisonment is appropriate. I accept that Mr Shaw got less, but on my reading of the summary of facts your role is more as a leader in the group than his was.
[7] I also have to look at the additional offending. Much of it is part and parcel of the commercial manufacturing operation, particularly…
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- AGLC
- R v Stevens [2015] NZHC 2336
- Case
- [2015] NZHC 2336
- Decision Date
CaseChat Overview and Summary
The court identified the legal issues to be resolved, including the appropriate starting point for sentencing, any uplifts for additional offending, and the consideration of both aggravating and mitigating factors. The court also needed to determine a minimum period of imprisonment, as required by law, and whether the sentences should be served concurrently or consecutively.
The court, Brewer J, began by establishing a starting point for the sentence, considering Stevens' role in a large-scale methamphetamine manufacturing and supply operation. The court found that a starting point of 16 years' imprisonment was appropriate, with an additional 18-month uplift for other charges related to Stevens' criminal activities. The court further considered Stevens' previous convictions and her addiction to methamphetamine, resulting in a total starting point of 18 years' imprisonment. After assessing mitigating factors, including Stevens' guilty pleas and her efforts to address her addiction, the court imposed a sentence of 15 years and 9 months' imprisonment on the lead charges, with all sentences to be served concurrently. The effective sentence was 15 years and 9 months' imprisonment, with a minimum non-parole period of 7 years and 10 months.
In conclusion, the court imposed a sentence of 15 years and 9 months' imprisonment on Stevens for her methamphetamine-related charges, unlawful possession of a restricted weapon and a firearm, and obtaining a document, with all sentences to be served concurrently. The minimum non-parole period was set at 7 years and 10 months.
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
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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