Ross v The Queen - [2020] NZHC 1322

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CRI-2020-409-000029

[2020] NZHC 1322

BETWEEN
CONNIE ELIZABETH ROSS

Appellant

AND

THE QUEEN

Respondent

Hearing: 11 June 2020

Appearances:

P J Kaye for Appellant

C J Boshier for Respondent

Judgment:

12 June 2020

JUDGMENT OF DUNNINGHAM J

This judgment was delivered by me on 12 June 2020 at 2.15 pm, pursuant to Rule 11.5 of the High Court Rules.

Registrar/Deputy Registrar
Date 12 June 2020

Introduction

[1] The appellant, Ms Ross, pleaded guilty to, and was sentenced on, the following charges:

(a)supply of methamphetamine (representative);

(b)conspiring to possess methamphetamine for supply;

(c)unlawful possession of a firearm (2);

ROSS v R [2020] NZHC 1322 [12 June 2020]

(d)attempting to pervert the course of justice; and

(e)false representation.

[2] Judge Neave imposed a sentence of two years and nine months’ imprisonment. Ms Ross now appeals that sentence on the grounds it was manifestly excessive.

Background facts

[3] In September 2017 the Christchurch police initiated an investigation into the criminal activities of the Tribesman Outlaw Motorcycle Gang. The operation was codenamed Operation Volcano. On 2 October 2017 police began intercepting the private communications of the first defendant, Mr Smith, who is Ms Ross’s son. It was established that Mr Smith was heavily involved in the sale and distribution of methamphetamine.

[4] Between 2 October and 27 November 2017 intercepted communications showed drug dealing transactions were often discussed between Mr Smith and Ms Ross. These communications showed Ms Ross had a clear knowledge and involvement in Mr Smith’s drug dealing. The involvement included procuring places to hide methamphetamine, cash and assets, and organising Mr Smith’s finances, including hiding large sums of cash. This offending resulted in the charge of supply of methamphetamine.

[5] On 8 October 2017 Mr Smith arranged a methamphetamine deal. At 4.23 pm Mr Smith called Ms Ross and asked how much money was at their home address. Ms Ross informed him there was $35,000 or $40,000. Mr Smith instructed her to count over $30,000 in cash and said an associate would be coming to collect it. Mr Howard, a co-defendant, called Mr Smith from Ms Ross’s phone to inform him that he had the cash. The money was purportedly used to purchase approximately three ounces of methamphetamine. On 9 October 2017 Mr Smith spoke by phone with Ms Ross and informed her of the poor quality of the methamphetamine they had purchased. This offending resulted in the charge of conspiring to possess methamphetamine for supply.

[6] Between 2 October and 27 November 2017 Ms Ross encouraged Mr Smith on multiple occasions to either destroy his cell phone, electronically wipe the phone of its data or change his cell phone number. This offending resulted in the charge of attempting to pervert the course of justice.

[7] In October 2017 Ms Ross signed Mr Smith’s New Zealand passport application and photo. A passport was subsequently issued on 7 November 2017. Mr Smith attempted to leave the…

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 Ross v The Queen

Details

AGLC: Ross v The Queen [2020] NZHC 1322
Case: [2020] NZHC 1322
Decision Date: 12 June 2020

CaseChat Overview and Summary

The case of Ross v The Queen involves an appeal by the appellant, Ms Connie Elizabeth Ross, against her sentence imposed by Judge Neave at the Christchurch District Court. Ms Ross was found guilty of various drug-related and firearm charges, and was sentenced to two years and nine months' imprisonment. Ms Ross contends that the sentence was manifestly excessive. The High Court, presided over by Dunningham J, was tasked with determining whether the sentence imposed by the District Court contained an error and whether a different sentence should be imposed.

The legal issues in this case include the appropriate starting point for sentencing based on Ms Ross's role in the drug conspiracy and whether the sentence imposed was manifestly excessive. The Court considered the principles of sentencing in accordance with the Criminal Procedure Act 2011 and the Court of Appeal's decision in Zhang v R, which provides guidance on sentencing for drug-related offences.

In its reasoning, the Court found that Ms Ross played an operational or management role in the drug conspiracy, acting as the bookkeeper and handling the finances of the operation. The Court noted that while Ms Ross's role was lesser than that of her co-defendants, she still played a significant role in the commercial drug operation. The Court concluded that the starting point of five years' imprisonment for the lead offence was appropriate and there was no error in the Judge's sentencing decision. The mitigating factors, such as the time spent on electronically monitored bail, addiction issues, and guilty pleas, were also considered. The Court found that the sentence was not manifestly excessive, and dismissed the appeal.

In summary, the Court found no error in the District Court's sentencing decision and dismissed the appeal. The sentence of two years and nine months' imprisonment for Ms Ross remains in place.

Orders