R v Taihia

Case [2014] NZHC 2811


IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI-2013-404-225 [2014] NZHC 2811

THE QUEEN

v

ADRIAN TOA TAIHIA

Hearing: 30 October 2014

Appearances:

E J McCaughan for the Crown
P J B Winter for the Defendant

Sentencing:

30 October 2014

SENTENCING NOTES OF THOMAS J

Solicitors:

Meredith Connell, Auckland.

Counsel:

P Winters, Auckland.

R v TAIHIA [2014] NZHC 2811 [30 October 2014]

Introduction

[1]      Mr   Taihia,   you   appear   for   sentence   having   pleaded   guilty   to   one representative charge of manufacturing the Class A drug, methamphetamine.

[2]      The maximum penalty is life imprisonment.1

Facts

[3]      The facts are that between 10 December 2011 and 23 February 2012, you assisted Mr Davoren and other associates to manufacture an unidentified amount of methamphetamine  on  three  different  occasions.    On  the  first  occasion  of  10

December 2011, you encouraged Mr Davoren to manufacture an undetermined amount of methamphetamine.   On 19 January 2012, you assisted Mr Davoren by receiving an undetermined amount of pseudoephedrine from him and acting as its custodian.  You also agreed to bring oil to Mr Davoren to assist the manufacturing process.  On 23 February 2012, you allowed Mr Davoren and associates to use your premises for the purpose of converting pseudoephedrine into methamphetamine.

Personal circumstances

[4]      You  have  10  previous  convictions.     None  are  relevant  to  the  present offending.  You are 32 years old and live with your wife and three children, aged eight, six and four.  You have a son from a previous relationship.  You did work part time as a shrink wrapper and  you are a part time professional boxer.   You are currently a multiple division champion and the holder of four New Zealand as well as World boxing titles.

[5]      You told the writer of the pre-sentence report that around the time of your offending, your mother in law, who played a big part in your life, passed away.  You needed money to pay for her funeral.   You approached Mr Davoren because you knew he had money and was involved in drugs to some extent.  You admit that you

encouraged  Mr  Davoren  to  manufacture  methamphetamine  because  you  needed

1      Misuse of Drugs Act 1975, s 6(2)(a).

money quickly, as your mother-in-law’s funeral was three days away.  You said that you  held  a bag of pseudoephedrine  and  dropped  it  off somewhere else for Mr Davoren, because you had to pay back money you had borrowed from him.  You let Mr Davoren use your house to manufacture methamphetamine in February because you still owed money to him. You admit you knew what you were doing was wrong, but were under the pressure of debt.

[6]      You  expressed  remorse  and  regret  for  your  actions.    The  report  writer identifies that  you have no rehabilitative needs.   The underlying factor in  your offending was your susceptibility to financial pressures and lack of ability to make sound judgements in such situations.  You are assessed as being at a low to medium likelihood of reoffending and a medium risk of harm.  The report writer recommends a sentence of…

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R v Taihia [2014] NZHC 2811
Case
[2014] NZHC 2811
Decision Date

CaseChat Overview and Summary

In the case of R v Taihia, the defendant, Adrian Toa Taihia, was sentenced for his involvement in the manufacture of methamphetamine, a Class A drug. The court acknowledged Taihia's guilty plea and his limited involvement in the drug manufacturing operation, which assisted in determining a starting point for sentencing at three years' imprisonment. The court recognised mitigating factors such as the absence of aggravating features and Taihia's remorse, which led to a 10 per cent discount for his guilty plea. The court, however, found that the circumstances did not warrant a further discount, leading to a final sentence of two years and six months' imprisonment. This decision balanced the personal circumstances of Taihia with the need to send a message about the seriousness of drug manufacturing offences.

The primary legal issues before the court were the appropriate starting point for sentencing and the extent of any discount that should be applied for Taihia's guilty plea and other mitigating factors. The court considered the absence of aggravating features, Taihia's limited involvement, and his remorse, but ultimately determined that these factors did not warrant a significant reduction from the starting point. The court also examined Taihia's bail conditions and previous convictions, concluding that they did not justify a substantial discount. The court's reasoning was influenced by relevant case law, including the Supreme Court decision in Hessell v R, which guides the consideration of genuine remorse.

The court's reasoning was meticulous in balancing the mitigating factors with the need for deterrence and denunciation. It rejected the defence's submission for a more significant discount, noting that such a reduction would send an inappropriate message regarding the seriousness of drug manufacturing offences. The court also highlighted the harm caused by Taihia's actions, particularly given his status as a role model in the community. Despite the mitigating factors, the court concluded that a discount of two months was appropriate, resulting in a final sentence of two years and six months' imprisonment. This outcome reflects the court's intent to address both the culpability of the offence and the personal circumstances of the offender.

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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