R v Taylor

Case [2007] NZCA 258


IN THE COURT OF APPEAL OF NEW ZEALAND

CA397/06 [2007] NZCA 258

THE QUEEN

v

ARTHUR WILLIAM TAYLOR

Hearing:         18 June 2007

Court:            Hammond, Williams and Panckhurst JJ Counsel:      C J Tennet for Appellant

C L Mander for Crown

Judgment:      26 June 2007         at 4 pm

JUDGMENT OF THE COURT

A        The appeal against conviction is dismissed.

B        The appeal against the sentence of eight years is dismissed.

REASONS OF THE COURT

(Given by Panckhurst J)

R V TAYLOR CA CA397/06  26 June 2007

The search of a storage unit at Paraparaumu

[1]      On 16 December 2004 the police searched a storage unit at Paraparaumu.  In October of that year the unit had been let to the appellant.   The search revealed cannabis oil, cannabis plant, morphine sulphate tablets, precursor substances (hydrochloric acid, pseudoephedrine, acetone and iodine rock), a .22 calibre pen gun, a Browning .270 Winchester calibre rifle, a Benelli semi-automatic shotgun, a pistol (being a cut-down semi-automatic Ruger  .22  rifle),  assorted  ammunition,  home- made pipe bombs, a stolen Hewlett Packard laptop computer and stolen Samsung and Nokia cellphones.

[2]      Subsequently, the appellant was charged with possession of the various controlled drugs and precursor substances, possession of the various firearms and ammunition contrary to the Arms Act 1983 and receiving the computer and the cellphones.  In total, the indictment contained 15 counts.

[3]      Following a trial before Miller J and a jury in July 2006, Mr Taylor was convicted on all counts.   Mr Taylor defended himself.   He appeals against both conviction, and the resulting sentence of eight years imprisonment imposed in September 2006.

[4]      The grounds of the conviction appeal can be grouped under three headings. These are a challenge to the admissibility of the evidence of the search, two complaints arising in relation to the conduct of the trial and four suggested misdirections contained in the Judge’s summing-up to the jury.

[5]      The sentence appeal is likewise based on a number of grounds; that starting- points  were  adopted  which  were  too  high,  that  the  imposition  of  cumulative sentences was inappropriate and that the totality principle was not given adequate recognition.   In the result, it is said, the effective sentence arrived at was clearly excessive.

[6]      The appellant married his partner on 11 December 2004.   Three days later Mrs Taylor made a complaint to the police in relation to alleged domestic violence she had suffered at the hands of the appellant.  She also mentioned that her husband had a storage unit, which may be of interest to the police because it contained drugs and guns.

[7]      On 16 December Mrs Taylor guided a police officer to the storage unit. Forced  entry  was  gained  in  purported  reliance  on  the  powers  to  conduct  a warrantless search under the Misuse of Drugs Act 1975 and the Arms Act 1983.  In addition the detective involved in the search had Mrs Taylor sign a written form of consent authorising entry into the storage unit.

[8]      Upon initial entry into the unit the police became concerned…

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R v Taylor [2007] NZCA 258
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[2007] NZCA 258
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CaseChat Overview and Summary

Arthur William Taylor appeals against his conviction and the sentence imposed by Miller J. Taylor was convicted on 15 counts relating to the unlawful possession of drugs and precursor substances, firearms and ammunition, and stolen property. He was sentenced to eight years imprisonment. The appeal against conviction focuses on the admissibility of evidence, the conduct of the trial and directions given to the jury during the summing up. The appeal against sentence challenges the starting points adopted, the imposition of cumulative sentences and the application of the totality principle. The Court found that the search evidence was properly admitted, and that the trial was conducted fairly with no significant curtailment of cross-examination. The directions given to the jury were adequate. The sentence imposed was not excessive, taking into account the nature of the offending and Taylor’s criminal history. The appeals against conviction and sentence are dismissed.

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