R v Vernon - [2016] NZHC 1110

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI-2015-004-8179 [2016] NZHC 1110

THE QUEEN

v

DAVID VERNON

Hearing: 25 May 2016

Appearances:

B A Northwood for Crown
M A Edgar for Defendant

Sentence:

25 May 2016

SENTENCING REMARKS OF LANG J

[1] Mr Vernon, you appear for sentence having pleaded guilty this morning to

26 charges of being in possession of methamphetamine for supply, and 60 charges of supplying methamphetamine.1 The maximum penalty for both those charges is life imprisonment. You also pleaded guilty to four charges of conspiracy to supply methamphetamine. The maximum penalty for that charge is 14 years imprisonment.

[2] Your guilty pleas were entered following a sentence indication hearing on

6 May 2016.2 You were not present at the sentence indication hearing. My remarks at the sentence indication hearing were transcribed, and I understand that you have been provided a copy of the written transcript. You indicated that you wished to plead guilty after reading the transcript of those remarks.

The facts

[3] Your offending occurred during a three month period between 2 May 2015 and 11 August 2015. During that period the police conducted an electronic surveillance operation directed initially at another person, Mr Jiang. This quickly led the police to you, because they discovered that you were one of Mr Jiang’s main distributors. You would purchase quantities of methamphetamine from Mr Jiang in ounce or gram lots. You would then distribute it in smaller quantities to your customers. You did so using various drivers who carried out deliveries of the drugs. In total, you dealt with 1.35 kilograms of methamphetamine in this way.

[4] For that reason, I have taken you to be a wholesaler of methamphetamine. You dealt principally in ounce or gram lots, and distributed those quantities to retailers. You were the second major player in this particular drug distribution
network behind Mr Jiang.

1 The Crown offered no evidence on 27 other charges. Before sentencing Mr Vernon I made orders under s 147 of the Criminal Procedure Act 2011 discharging him on those charges.
2 The sentence indication hearing proceeded on the basis that Mr Vernon would be pleading guilty to 27 charges of being in possession of methamphetamine for supply and 58 charges of supplying methamphetamine. The Crown produced a schedule following the sentence indication hearing showing that Mr Vernon would be pleading guilty to 26 charges of being in possession of methamphetamine for the purposes of supply and 60 supply charges. The alteration in the number of charges is immaterial for sentencing purposes.

Starting point

[5] In my sentence indication, I noted that the starting point for your offending was to be determined in accordance with a decision of the Court of Appeal called R v Fatu.3 In that case the Court of Appeal identified bands of offending relating to the manufacture, importation and supply of methamphetamine. There is no dispute that your offending falls within band 4, the top band identified in Fatu. This applies…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Vernon

Details

AGLC: R v Vernon [2016] NZHC 1110
Case: [2016] NZHC 1110
Decision Date: 25 May 2016

CaseChat Overview and Summary

In the High Court of New Zealand, David Vernon was sentenced on charges of methamphetamine possession and supply. The court considered the maximum penalties for these offenses, which included life imprisonment. The defendant pleaded guilty to 26 charges of possession for supply and 60 charges of supplying methamphetamine, along with four charges of conspiracy to supply. The court also considered the legal issues surrounding the appropriate starting point for sentencing, aggravating factors, and mitigating factors.

The court determined that the starting point for sentencing should be 16 years imprisonment, reflecting the significant quantities of methamphetamine involved. The court identified two aggravating factors: Vernon's prior methamphetamine-related charges and his previous convictions. The court accepted the Crown's submission of a 12-month uplift to reflect these factors, resulting in a starting point of 17 years imprisonment. The only mitigating factor considered was Vernon's guilty pleas, which led to a discount of 4 years and 3 months. The final sentence imposed was 12 years and 9 months imprisonment, to be served concurrently with an existing sentence of 3 years imprisonment. Additionally, a minimum term of 6 years and 4 months was imposed before the defendant could apply for parole.

In conclusion, the court sentenced David Vernon to 12 years and 9 months imprisonment for the methamphetamine possession and supply charges, to be served concurrently with an existing sentence. He was also sentenced to 2 years imprisonment for the conspiracy charges, to be served concurrently with all other sentences. The court imposed a minimum term of 6 years and 4 months before parole eligibility.

Orders