R v Ye HC Auckland CIV 2006-004-15149

[2008] NZHC 2291

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI 2006-004-15149

THE QUEEN

v

CHANG HUI YE

Charge:          Manufacturing Class A controlled drug (methamphetamine) Plea:     Guilty

Appearances: Peter Dean for Crown

Graeme Newell for Prisoner

Sentenced:     30 April 2008

2 years 8 months imprisonment

SENTENCING NOTES OF HARRISON J

SOLICITORS

Meredith Connell (Auckland) for Crown

Graeme Newell (Auckland) for Prisoner

R V YE HC AK CRI 2006-004-15149  30 April 2008

[1]      Mr Ye, you have pleaded guilty today to one charge of manufacturing methamphetamine.    You  know  that  the  maximum  term  of  imprisonment  I  can impose is life.   You are discharged on the  other four counts  in  the  indictment pursuant to s 347 Crimes Act 1961.

[2]      These sentencing notes will be very brief.  The reason is this. You were one of four young men apprehended by the police at a house in Newton in July 2006. The police found a large range of equipment, chemicals and other utensils.  It was plain that the property was being used to manufacture methamphetamine.  Initially all four of you challenged the admissibility of the evidence.  Once that challenge was rejected the other three have progressively pleaded guilty – first, Mr Yang, whom I sentenced   on   14 March   2008   on   charges   of   manufacturing   and   supplying methamphetamine; then yesterday Messrs Choy and Chen pleaded guilty to one charge of manufacturing methamphetamine.

[3]      I do not need to go through all of the elements of the sentencing process. That is because you sat through them yesterday with Messrs Chen and Choy.  You know what will be done.   By agreement between Mr Dean, for the Crown, and Mr Newell, on your behalf, the appropriate starting point is four years imprisonment on the charge of manufacturing methamphetamine.

[4]      Against that you are entitled to a substantial credit or allowance for entering a plea of guilty, even if it is late.  That credit will be one third or 33%.  In the result I sentence you to a term of imprisonment of two years and eight months.

[5]      I understand, Mr Ye, that you are facing other charges so I will not make any other statements about your future here in New Zealand.  Nevertheless, I accept that you  have acted  honourably and  responsibly in  pleading  guilty to  the  charge  of manufacturing methamphetamine.  You have committed a serious crime but I hope that you are able to resume your place as a law abiding member of society.  Please

stand down.

Rhys Harrison J