Satherley v The Queen

Case [2020] NZCA 171


IN THE COURT OF APPEAL OF NEW ZEALAND

I TE KŌTI PĪRA O AOTEAROA

 CA659/2019
 [2020] NZCA 171

BETWEEN

DEBORAH MARIE SATHERLEY
Appellant

AND

THE QUEEN
Respondent

Hearing:

20 April 2020

Court:

French, Dobson and Nation JJ

Counsel:

D J Matthews and R T Nye-Wood for Appellant
S R D D Bicknell Young and B Hawes for Respondent

Judgment:

20 May 2020 at 3 pm

JUDGMENT OF THE COURT

AThe application for an extension of time to appeal is granted.

BThe appeal is dismissed.

____________________________________________________________________

REASONS OF THE COURT

(Given by Nation J)

Introduction

  1. At a trial before a jury in the District Court at Nelson in April 2018, Ms Satherley was found guilty on charges of possessing methamphetamine for supply, possessing cannabis, obstructing a constable and unlawful possession of a restricted weapon.

  2. On 13 June 2018, Judge Tompkins sentenced Ms Satherley to a term of imprisonment of three years and three months.[1]  Ms Satherley now seeks to appeal that sentence.

    [1]R v Satherley [2018] NZDC 11785.

  3. Ms Satherley filed her appeal on 16 December 2019, over a year out of time.  In an affidavit, Ms Satherley explained she understood her trial lawyer, and then another lawyer whom he had arranged to take over the case, would be filing an appeal after she had been sentenced.  Later, she applied for legal aid to assist with an appeal.  The Public Defence Service was assigned in September 2019.  Mr Matthews explained there was then further delay when they were required by Legal Services to review the case and confirm legal aid would be available for an appeal.  The Crown did not agree that an extension of time should be granted but acknowledged there had been no prejudice and they had been able to address the appeal on its merits.

  4. The time for the filing of the appeal is accordingly extended.

Background

  1. On 12 December 2016, police executed a search warrant at Ms Satherley’s address.  They found approximately 18 grams of methamphetamine divided between several snaplock bags and pill containers.  In Ms Satherley’s handbag, the police found a snaplock bag and a further quantity of methamphetamine along with a notebook containing a “ticklist” detailing what appeared to be transactions of $157,925, and references to weights such as “half oz” (that is, ounce).  There were two straws used for consuming methamphetamine.

  2. The police also found electronic scales of the sort commonly associated with drug dealing.  There were CCTV cameras showing the entrance to the house on televisions at the address.

  3. Located beside the bed was approximately 28 grams of dried cannabis.  On a bedside cabinet was a working taser that also incorporated a torch.

  4. When the police entered the address, Ms Satherley attempted to hide an item down the side of a couch.  A constable told her to leave that position.  The constable restrained Ms Satherley who struggled and had to be handcuffed.

  5. Ms Satherley was on electronically monitored (EM) bail from 25 January 2017 until she was sentenced.

  6. At her trial, Ms…

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Satherley v The Queen [2020] NZCA 171
Case
[2020] NZCA 171
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CaseChat Overview and Summary

Deborah Marie Satherley sought to appeal her conviction and sentence imposed by the District Court at Nelson. The District Court found her guilty of possessing methamphetamine for supply, possessing cannabis, obstructing a constable and unlawful possession of a restricted weapon. She was sentenced to a term of imprisonment of three years and three months. The appeal was filed over a year out of time. Satherley sought an extension of time to appeal and the Crown opposed the application. The Court of Appeal granted the application for an extension of time to appeal and dismissed the appeal. The Court found the starting point adopted by the sentencing Judge for the methamphetamine offending was within range, having regard to the way the guidelines in R v Fatu had been applied in the cases referred to by both Satherley and the Crown. The Court found there was no error in the Judge allowing Satherley a credit of three months on compassionate grounds. The Court was not persuaded that the starting point adopted for the methamphetamine offending was in error or that the ultimate sentence was manifestly excessive.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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