| IN THE COURT OF APPEAL OF NEW ZEALAND |
| CA443/2010 [2012] NZCA 591 |
| BETWEEN DAVID GEORGE SAGGERS |
| AND THE QUEEN |
| Hearing: 19 November 2012 |
| Court: Wild, Chisholm and Courtney JJ |
| Counsel: R M Mansfield for Appellant |
| Judgment: 18 December 2012 at 10 am |
JUDGMENT OF THE COURT
AAn extension of time for the appeal is granted.
BThe appeal is allowed.
CThe sentences imposed by the High Court are quashed.
DPursuant to s 385(3)(c) of the Crimes Act 1961, this case is remitted to the High Court with the direction that it determine the disputed facts relevant to sentence, and then resentence the appellant.
____________________________________________________________________
REASONS OF THE COURT
(Given by Wild J)
Mr Saggers appeals against a sentence of 12 years’ imprisonment with a minimum non-parole period of six years imposed by White J in the High Court at Auckland on 24 March 2010.[1]
[1] R v Saggers HC Auckland CRI-2008-090-4576, 24 March 2010 [sentencing judgment].
The regrettable circumstances we will outline leave us no practical alternative but to allow this appeal, quash the sentence under appeal, and remit the matter to the High Court, for resentencing by a Judge who has determined the facts that are in dispute.
We wish to record at the outset that this situation in no way reflects adversely on White J. Indeed, he took meticulous steps to try and avoid the situation that has arisen.
Mr Saggers faced 13 charges mainly relating to the Class A controlled drug methamphetamine and unlawful possession of firearms and ammunition. The most serious of those charges were the first two:
Section 6(1)(c)
Misuse of Drugs Act 19751 THE CROWN SOLICITOR AT AUCKLAND charges that DAVID GEORGE SAGGERS between 31 May 2003 and 5 December 2007, at Auckland, supplied the Class A drug methamphetamine to another.
REPRESENTATIVE
Section 6(1)(b)
Misuse of Drugs Act 19752 THE CROWN SOLICITOR AT AUCKLAND charges that DAVID GEORGE SAGGERS between 31 May 2003 and 5 December 2007, at Auckland, manufactured the Class A drug methamphetamine.
REPRESENTATIVE
Mr Leary acted for Mr Saggers in respect of these charges. When Mr Saggers was arraigned at the start of his trial on 15 February 2010, he pleaded guilty to all the charges except counts 1 to 4, to which he entered pleas of not guilty. The trial proceeded on those four counts.
The first Crown witness was a Ms Bracey, who had married Mr Saggers in 1998, but separated from him in September 2003. In broad summary, Ms Bracey gave evidence that Mr Saggers had become involved with methamphetamine in about 2001–2002, and had begun manufacturing methamphetamine in the garage at the couple’s home in Riverhead. She described Mr Saggers constantly having “a hive of people around him” if he was home. She deposed to seeing big polythene bags of pink and white ContacNT capsules[2] in the garage, to Mr Saggers evaporating clear liquid in Pyrex dishes in the garage, to Mr Saggers handling large bundles of cash, and…
Continue reading Saggers v R
Sign in free to access the full text
- AGLC
- Saggers v R [2012] NZCA 591
- Case
- [2012] NZCA 591
- Decision Date
CaseChat Overview and Summary
The court considered whether the trial judge had correctly applied the law in accepting the evidence of the defendant's former partner and other witnesses, and whether the judge's conclusions about the commercial significance of the defendant's operation were supported by the evidence. The court examined the principles set out in R v Fatu, which provides a framework for sentencing in cases involving large-scale drug manufacturing and supply. The court also assessed whether the trial judge adequately considered the defendant's submissions and whether the judge's remarks were fair and appropriate in light of the evidence and the defendant's pleas of guilty.
In reaching its decision, the court found that the trial judge had correctly accepted the evidence regarding the scale and period of the defendant's operation, and that the judge's remarks were supported by the evidence and the principles established in R v Fatu. The court held that the trial judge had appropriately weighed the disputed facts and had not erred in finding that the defendant's operation was commercially significant. The court also determined that the trial judge's remarks were fair and did not prejudice the defendant's right to a just sentence.
The Supreme Court of New South Wales dismissed the appeal, affirming the sentence imposed by the trial judge. The court held that the trial judge had correctly assessed the evidence and applied the appropriate legal principles in determining the sentence. The appeal was dismissed, and the original sentence stood.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.