| IN THE COURT OF APPEAL OF NEW ZEALAND |
| CA70/2012 [2013] NZCA 60 |
| BETWEEN TRIESTE MARTIN ROPIHA |
| AND THE QUEEN |
| CA80/2012 |
| AND BETWEEN RICKY JOHN MACRAE |
| AND THE QUEEN |
| Hearing: 12 February 2013 |
| Court: White, Simon France and Asher JJ |
| Counsel: T Sutcliffe for appellant Ropiha |
| Judgment: 15 March 2013 at 3.00pm |
JUDGMENT OF THE COURT
The appeals against sentence are dismissed.
____________________________________________________________________
REASONS OF THE COURT
(Given by Simon France J)
Introduction
Messrs Ropiha and MacRae were part of a group who pleaded guilty to various drug offences shortly after the start of their trial. Mr Ropiha was treated as the group’s leader who was in effect supplying the others to then deal at street level. He was sentenced to six years four months’ imprisonment.
Mr MacRae was recognised as being lower down the chain than Mr Ropiha, but was viewed more seriously than the street dealers. He performed some functions of a second in command, or a trusted off‑sider. He was sentenced to three years eight months’ imprisonment.[1]
[1] R v Ropiha DC Hamilton CRI 2009‑019‑002789, 19 January 2012, Judge Tompkins.
On appeal both men challenge the starting point taken for their offending. Mr MacRae also raises a separate issue of whether regard should have been taken of the fact that, even after pleading guilty, he spent 14 months as a remand prisoner until he was eventually sentenced.
Facts
Both men pleaded guilty to count one in the indictment which alleged a conspiracy to supply methamphetamine between 21 January and 26 March 2009. Mr Ropiha also pleaded guilty to possessing for supply the 64.1 grams of methamphetamine located at his house at the time of his arrest.
The police executed search warrants at the end of the conspiracy period. As well as locating the methamphetamine, seized telephone and text records provided insight into a supply network that had been in existence for some months.
The allegations to which the men pleaded were that Mr Ropiha would source bulk supplies and then supply them in smaller quantities to a group of street level dealers. It was said that Mr Ropiha supplied at least seven dealers, one of whom was Mr MacRae. The summary of facts attributed to Mr MacRae the role of second in command and a go‑between for Mr Ropiha and the dealers. He disputed this at sentencing and we will return to it.
The meetings at which Mr Ropiha would distribute the methamphetamine occurred at the house occupied by a co‑offender, Caroline Dobbs. Mr MacRae had also lived there for a period. When police executed the warrant, they found the usual trappings of dealings and a small amount (less than a gram) of methamphetamine.
At the same time other locations associated with Messrs Ropiha and MacRae were searched. All together 64 grams were seized, as well as the accompanying paraphernalia of scales, point bags and cash.
Appeal by Mr Ropiha
Judge Tompkins took…
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- Ropiha v R [2013] NZCA 60
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- [2013] NZCA 60
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CaseChat Overview and Summary
The court was required to decide if the starting point for sentencing was correctly calculated and if the length of MacRae's remand period should have been taken into account. The court also needed to consider if the delay in sentencing MacRae was an error and if it should have any bearing on his sentence.
The court found that the starting point for Ropiha's sentence was correctly calculated, as the conspiracy charge related to the broader scope of criminal conduct over the period of the conspiracy, not just the 64 grams found at the time of the searches. The court also found that the starting point for MacRae's sentence was appropriate, as he was an active street dealer and also assisted a more significant player in carrying out their offending. The court found that MacRae's delay in sentencing should not have had any bearing on his sentence, as the Sentencing Act 2006 prevents the court from taking into account any part of the period during which the offender was on pre-sentence detention in determining the length of any sentence of imprisonment. The court found that no error occurred at the time of sentencing by the failure of counsel to raise the matter with the Judge.
The appeals against sentence were dismissed.
Orders
Orders of the court
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Background
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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