IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
CRI-2013-092-009711 [2015] NZHC 505
THE QUEEN
v
MICHAEL DAVID WARD
Hearing: 16 March 2015 Counsel:
D Dufty for the Crown
H E Juran for the DefendantJudgment:
16 March 2015
SENTENCING NOTES OF ASHER J
Solicitors/Counsel: H Juran, Auckland.
Crown Solicitor, Auckland.
R v WARD [2015] NZHC 505 [16 March 2015]
[1] Mr Ward, you appear for sentence today having pleaded guilty to the following charges:
(a) one charge of permitting premises to be used for the supply of methamphetamine, an offence under s 12(1) and (2)(a) of the Misuse of Drugs Act 1975, carrying a maximum penalty of 10 years’ imprisonment;
(b)one charge of making a document with intent to deceive, an offence under s 258(1)(b) of the Crimes Act 1961, carrying a maximum penalty of 10 years’ imprisonment; and
(c) one charge of supplying the Class A controlled drug methamphetamine, an offence under s 6(1)(c) of the Misuse of Drugs Act 1975, carrying a maximum penalty of life imprisonment.
[2] The lead charge is the charge of permitting the premises to be used. The circumstances were that you leased a property in Onehunga for your signwriting business. For a period of just over a month, between 22 July 2013 and 28 August
2013 you allowed members and associates of the Black Power gang to visit your premises and on occasions supply methamphetamine. You were not involved in organising these occasions. In supplementary submissions I was informed that there were approximately six instances.
[3] The Crown accepts that the amounts involved were small, although the exact amounts are not known.
[4] In relation to the other counts, the possession of methamphetamine for supply related to 0.75 grams. There does not appear to have been any profit motive.
[5] As to the forging documents count, a Holden Commodore had been stolen by an associate of yours. It was arranged that you would make fake numberplates for the Holden Commodore, which you proceeded to do. They were a good replica and they were placed on the vehicle. The vehicle was then sold.
[6] The Crown submits that the appropriate starting point for the permitting premises count is approximately 18 months’ imprisonment. It submits that there should be an uplift of 12 months for the other two charges.
[7] Mr Juran for you in his submissions has pointed out that there is no tariff decision for the offence of permitting the use of premises, and that a starting point of less than 18 months is appropriate. He submits that there should be a modest increase in relation to the further counts, reflecting the lack of commerciality.
Starting point
[8] Mr Ward, I have to fix a starting point for your offending which reflects the culpability of your offending and is to be fixed without considering matters that might either aggravate or mitigate the sentence from your personal point of view. So I look just at the culpability of the offending without considering your…
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- AGLC
- R v Ward [2015] NZHC 505
- Case
- [2015] NZHC 505
- Decision Date
CaseChat Overview and Summary
The legal issues the court had to decide included establishing the starting point for the sentence, which involved assessing the culpability of the offences and comparing it with similar cases. The court also had to consider the appropriate uplift for the additional charges and the discounts applicable due to Ward's personal circumstances, including his lack of prior convictions and his participation in a rehabilitation program. The court's reasoning involved a detailed analysis of comparable cases and the principles of sentencing, particularly focusing on the totality of the offending and the need for a sentence that aids in rehabilitation and reintegration. The final orders of the court were that Ward would serve a term of imprisonment totaling one year and three months, with the sentences for the three charges running concurrently.
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Ratio Decidendi
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