IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY
I TE KŌTI MATUA O AOTEAROA KIRIKIRIROA ROHE
CRI 2020-019-3685
[2021] NZHC 868
THE QUEEN v
RAY ALLAN TYLER-WAUGH
Hearing: 22 April 2021 Appearances:
J N Hamilton for the Crown
P J Morgan QC for the Defendant
Sentencing:
22 April 2021
SENTENCING NOTES OF CAMPBELL J
R v TYLER-WAUGH [2021] NZHC 868 [22 April 2021]
Introduction
[1] Mr Tyler-Waugh, you appear for sentence today having pleaded guilty to 16 serious drugs charges and two traffic charges. Those charges were:
(a)Four representative charges of manufacturing methamphetamine;1
(b)One representative charge of supplying methamphetamine;2
(c)One representative charge of offering methamphetamine for supply;3
(d)Three charges of possession of equipment for the manufacture of methamphetamine;4
(e)Four charges of possession of material for the manufacture of methamphetamine;5
(f)Three charges of possession of precursor for the manufacture of methamphetamine;6
(g)One charge of driving while disqualified;7
(h)One charge of failing to stop (third or subsequent).8
Facts
[2] A summary of facts was presented to the Court when you pleaded guilty. When counsel for the Crown filed her memorandum as to sentencing, she said that you had accepted that summary of facts. Mr Morgan QC, when he filed his memorandum, said
1 Misuse of Drugs Act 1975, s 6(1)(b). Maximum penalty: life imprisonment.
2 Misuse of Drugs Act 1975, s 6(1)(c). Maximum penalty: life imprisonment.
3 Misuse of Drugs Act 1975, s 6(1)(c). Maximum penalty: life imprisonment.
4 Misuse of Drugs Act 1975, s 12A(2)(a). Maximum penalty: five years’ imprisonment.
5 Misuse of Drugs Act 1975, s 12A(2)(a). Maximum penalty: five years’ imprisonment.
6 Misuse of Drugs Act 1975, s 12A(2)(b). Maximum penalty: five years’ imprisonment.
7 Land Transport Act 1998, s 32(1)(a). Maximum penalty: three months’ imprisonment and/or
$4,500 fine, and six months’ disqualification.
8 Land Transport Act 1998, s 52A(5). Maximum penalty: three months’ imprisonment and two years’ disqualification.
that the summary was not accepted, although the facts in the summary were largely agreed.
[3] Mr Morgan’s memorandum identified the facts that you disputed. These include your role in the organisation, the number of occasions on which you manufactured methamphetamine, and whether you made large sums of money from your offending. However, he said that these were largely matters of emphasis, and that the weight to be attached to the disputed facts was immaterial for the purposes of sentencing. The Crown responded to the disputes raised by Mr Morgan with a further memorandum yesterday.
[4] Mr Tyler-Waugh, as you have heard from my discussion with counsel this afternoon, my view is that the disputed facts raised by Mr Morgan are not relevant to a determination of your sentence. Indeed, my view is that the first dispute that he raised is merely a dispute about how to describe your role, rather than a dispute about any facts. I explained my view in a minute that I issued yesterday, and Mr Morgan told me that he had discussed that with you.
[5] I will be sentencing you on the basis…
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