R v Thompson HC Auckland CRI 2008-004-004921

[2008] NZHC 2488

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI 2008-004-004921

REGINA

v

MICHAEL JAMES THOMPSON

Hearing:         8 August 2008

Appearances: A Bradley for Crown

B Sellars for Prisoner

Judgment:      8 August 2008

SENTENCING REMARKS OF FOGARTY J

[1]      Michael James Thompson you have pleaded guilty on 27 February to two representatives charges under the Misuse of Drugs Act 1975:  possession of a Class C controlled drug, pseudoephedrine for supply;  and importing a Class C controlled drug, pseudoephedrine.   The District Court has declined to sentence you and remanded you for sentence here.  It is quite clear from the summary of facts that you were involved in a large scale operation and your role was to assist the collection of packages sent in to New Zealand, which would then be handed or forwarded on somehow  and  go  into  the  process  of  manufacture  of  P.    This  is  very  serious offending.

[2]      I am tempted to give you a lecture but I can see your parents here now and I

think I will leave that to them.  You have been involved in evil activity which causes

R V THOMPSON HC AK CRI 2008-004-004921  8 August 2008

untold damage to society in this country including, for example, very nasty murders by people fuelled up with P.   It also destroys lives, families and generally causes social chaos and quite properly is regarded by Parliament as one of the most pernicious  evils  in  our  society.    As  a  young  boy  really  you  probably  do  not appreciate, as we older people do, the cost to society of this offending.

[3]      You have been in custody now for nine months.  By a stroke of good fortune there is a transitional provision in place in the law which means that a sentence of home detention is available to you which would not be available and will not be available soon to offenders like you.   I will not go into the detail of it but it is explained in a number of cases and we are authorised as sentencing Judges by a Court of Appeal decision of R v Hill CA 559/07 29 February 2008 to take advantage of it.

[4]      The  Department  of  Corrections  recommends  sentencing  you  to  home detention plus community work.   You have heard me discuss with counsel what would be an appropriate sentence in your case if I was not considering home detention.  The Crown is suggesting a starting point of six years.  Your counsel was aiming for about four.   It is slightly academic because I have decided that home detention is the appropriate sentence.  But you have heard me take a starting point of five years and allowing for a full discount for the plea of guilty to an indicative sentence of three years four months.  You have already served nine months and you could have some hope to get parole in 12 months.  However, the Parole Board does not always give parole to drug offenders at the first opportunity, so this is a slightly artificial exercise that I have undertaken.  But what I am trying to do is scope where you are at.   There is a prospect that if you received a sentence of five years imprisonment today the Parole Board could consider releasing you in three months’ time.  There is a very real likelihood they would not.

[5]      Your  counsel  has  responsibly  suggested  a  six  months’  home  detention sentence.  I agree with that.  I think that is appropriate in the circumstances and I also think, contrary to the Department of Corrections’ recommendation, that there is no need at this stage to add community work on top of that, although there is a need for

a condition associated with the home detention, that you undertake such drug programs and counselling as directed by the probation officer.

[6]      Mr Thompson, it is absolutely vital that you not only break your past drug habits but also your associations with the people who have got you into this kind of trouble.   Home detention with your family in Palmerston North gives you the opportunity to do that.  I also want to reiterate how lucky you are that it is a quirk in the law that enables a sentence of home detention in this case because the basic Parliamentary policy is that you have to qualify for a prison sentence of two years or less before you get home detention.  You actually qualify for a prison sentence of five years.  That gives you some idea of the magnitude of the opportunity that has been given to you.  This is your chance and I strongly suggest that you take it so that this is the last time in your life that you appear in a Courtroom.

[7]      For these reasons you are sentenced to home detention for a term of six months under the following conditions:

•   You are to be released today into the custody of your father who will take you directly to 595 Ferguson Street, Palmerston North, the family home. (On Monday, 11 August, Chubb Security will install the electronic monitoring equipment.).

•   There is the standard condition that you are not to consume any illicit drugs during your sentence of home detention.   (I should say the Department of Corrections also wanted a condition that you do not consume alcohol but I think that is an unrealistic suggestion and there is no need for it when you are at home.)

•  You are not to undertake employment without the approval of your probation officer.  I add in parenthesis it would be a very good idea if you did get employment but that is just a technical term.

•   You are to undertake any counselling or drug programs as recommended by your probation officer.

•    At the end of the sentence should you be in any programs that are not completed you are to complete those.

[8]      In respect of the wilful damage charge you are convicted and discharged.

Solicitors:
Meredith Connell, Auckland, for Crown
Public Defence Service, Auckland, (Counsel: B Sellars)