R v Teina HC Auckland CRI 2006-004-18725

[2007] NZHC 1919

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI 2006-004-018725

THE QUEEN

v

TEOKOTAI TEINA

Charge:Possession of Class A controlled drug for supply (2); Possession of Class B controlled drug for supply; Selling Class B controlled drug

Plea:               Guilty

Appearances: Kristin Cato for Crown

David Niven for Prisoner

Sentenced:     26 June 2007

Possession of methamphetamine for supply – 4 years imprisonment; Possession of LSD for supply – 3 years imprisonment;

Possession of MDMA for supply – 1 year imprisonment; Selling Class B controlled drug – 1 year imprisonment (all terms concurrent)

SENTENCING NOTES OF HARRISON J

SOLICITORS

Meredith Connell (Auckland) for Crown

David Niven (Auckland) for Prisoner

R V TEINA HC AK CRI 2006-004-018725  26 June 2007

Introduction

[1]      Mr Teina, you have pleaded guilty to four charges – first, possession of methamphetamine for supply and, second, possession of LSD for supply.  Both carry liability to a maximum term of imprisonment of life.  Also you have pleaded guilty to possessing Ecstasy for supply and to selling a Class B controlled drug.  On those two offences you are eligible to a maximum of 14 years imprisonment.

[2]      Before I deal with the formal parts of sentencing, I acknowledge today in Court your partner,  your children,  your sister, her  children, another cousin, and Mr Dransfield.  You will not be aware that your partner and Mr Dransfield have both written to me.  Their letters and their presence here today will have an effect on the ultimate sentence.   It is not very often that people appear for sentence on such serious charges but maintain the aroha and support of whanau and friends.  It means a lot to you and to me.

[3]      I shall deal firstly with the facts.  They will largely determine the length of the term of imprisonment I must impose.

Facts

[4]      At about 3.40 am on 7 March 2006 you were seen driving a stolen Ford

Falcon XR6 on the southern motorway.  You were clocked at speeds in excess of

150 kph.  You were apprehended by the police.  However, you escaped.  You drove off at speed.   You left the southern motorway near Ellerslie.   Shortly afterwards, while rounding a bend in a suburban street, you lost control and the car crashed. Fortunately you were not seriously injured.   However, you were seen grabbing a green canvas bag and attempting to escape.  This time you were arrested.

[5]      In the green canvas bag were these items – cash of $17,140; 16.9 grams of methamphetamine with a street value of about $17,000; 78 tabs of LSD worth about

$2,340; 34 tabs of MDMA, or Ecstasy, worth $1,000; and some cannabis and a methamphetamine pipe.  I am not concerned with those last two items today.

[6]      Also,  and  this  is  the  subject  of  the  fourth  charge,  the  police  found  text messages on your cellphone.  They emanated from people who wanted to buy drugs from you.   Initially you denied you owned the bag or knew anything about its contents.  However, to your credit, you have owned up.  You acknowledge that the bag and its contents were yours.  I sentence you on that basis.

Starting Point

[7]      Against those facts  I must fix  what  is  called  the  starting point  for  your sentence.  That, Mr Teina, is the appropriate sentence to reflect the wrongdoing of the offending before I take into account your personal circumstances, whether favourable or unfavourable.

[8]      Here  you  committed  a  number  of  serious  offences.     Immediately  I acknowledge that I am sentencing you on the basis that the offending was committed concurrently; that is, all charges arose out of the same set of circumstances.  That means that the sentences will be concurrent; you will serve them side by side.  They will not be cumulative or additional upon each other.   Nevertheless, in fixing the starting point for the most serious offence (that is, possession of methamphetamine for supply), I must take into account all of the factors of the case including the circumstances that give rise to the other three charges.  I think you understand that.

[9]      As I have said, the lead charge is the offence of possessing methamphetamine for supply.  It is the index count.  On that, and based on Court of Appeal authority (R v Fatu [2006] 2 NZLR 72 (CA)), you are eligible for a sentence anywhere in the range of three to nine years. The Court of Appeal has said that is the appropriate starting point where the amount of methamphetamine is in the range of five to 250 grams. Here it was 17 grams. On its own that would suggest a starting point of between four and five years imprisonment.

[10]     But the presence of the cash and the other drugs, which as I have noted are the subject of separate charges, satisfy me that you were at the time dealing on a reasonably substantial scale.   They justify a significant increase or uplift in the starting point.   In themselves they would attract sentences well in excess of three

years.  You have heard that many authorities in the Court of Appeal and the High Court have been cited to me today.   I have considered them all.   Also my own decisions in at least two other cases.

[11]     The Crown says that the appropriate starting point is six to seven years. Mr Niven  submits  that  it  should  be  five  years.     In  my  judgment  Ms Cato’s assessment is more realistic.  I start with a point of six years imprisonment on the most serious charge of possessing methamphetamine for supply.

Personal Circumstances

[12]     However, against that  you are entitled to a substantial discount for  your personal circumstances.   First and foremost, there is your plea of guilty.   It was entered at the earliest opportunity.   It means many things.   It is a sign of your contrition; a sign of your regret; it is your apology to the community for dealing in such  an  evil  drug as  methamphetamine.    You  know  yourself,  Mr Teina,  that  it destroys families, friendships and relationships.   Your plea of guilty is an acknowledgement of your wrongdoing.  I give it considerable weight.

[13]     Second, there are your own personal circumstances.  You are 41 years of age. You are of Cook Island/Mäori descent.  You were brought up in the Islands.  Your childhood is described as happy.  You arrived here in 1985 at the age of 20.  You had steady employment for many years, significantly as a freelance sound engineer.  You and Ms Rogers, who has been your partner for 20 years, have two sons, boys aged 17 and eight years.  Unfortunately you do have previous convictions.  They date back to

1988.  Some of them are drug related.  But I do not intend today to take them into account against you.  They are just part of the background mix.

[14]     Third, and what is perhaps most decisive with me today, is something I have mentioned to you before.  It is the very moving support you have from your partner, your sister, your wider whanau, and from Mr Dransfield.   I have read letters from Ms Rogers, from Mr Dransfield, and from Frances, your sister.  All of them have had a significant effect.  They are written with great sincerity.  They are articulate.  They emphasise all the good qualities which you possess.  As a result I intend to apply a

substantial discount against my starting point of six years imprisonment.  It amounts to one-third, or 33   %.

[15]     Accordingly,  on  the lead  charge of  possessing  methamphetamine  for  the purposes of supply, you are sentenced to a term of four years imprisonment.  On the second charge of possessing Lysergide or LSD for the purposes of supply, you are sentenced to three years imprisonment.  On the third charge of possessing MDMA for the purposes of supply, you are sentenced to one year imprisonment.   On the fourth charge of selling a Class B controlled drug, you are sentenced to one year also.  I repeat that all of those sentences are concurrent; they stand side by side.  The effective term that you will serve is four years.  I also order the forfeiture of the cash of $17,140 and destruction of the drugs.

[16]     Before you stand down, Mr Teina, you have suffered a fall from grace.  You know that you have let yourself, Ms Rogers and your whanau down.   You have committed very serious crimes.  You must pay the price.  But, for what it is worth, I assess you as a person who has many positive qualities.  I hope that you use your time in prison constructively; that you continue along the path of rehabilitation; that you keep yourself drug free; and that you prepare yourself as best you can to resume a productive life in the community on your release.  If you do those things I wish

you well.  Please stand down.

Rhys Harrison J