Scott v The Queen - [2021] NZHC 1853

IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY

I TE KŌTI MATUA O AOTEAROA KIRIKIRIROA ROHE

CRI-2021-419-24

[2021] NZHC 1853

BETWEEN
JADEN JAMES SCOTT

Appellant

AND

THE QUEEN

Respondent

Hearing: 21 July 2021

Appearances:

C Horsley for the Appellant

J Williams for the Respondent

Judgment:

21 July 2021

JUDGMENT OF GAULT J

This judgment was delivered by me on 21 July 2021 at 5:00 pm.
Registrar/Deputy Registrar

……………………………………

Solicitors / Counsel:
Mr C Horsley, Barrister, Tauranga
Mr J Williams, Hamilton Legal, Office of the Crown Solicitor, Hamilton

SCOTT v R [2021] NZHC 1853 [21 July 2021]

[1] Mr Scott appeals his sentence of two years and four months’ imprisonment imposed by Judge K B F Saunders in the Hamilton District Court on 13 January 2021.1 Following a sentence indication, Mr Scott pleaded guilty to the following four charges:

(a)supplying methamphetamine;2

(b)offering to supply methamphetamine;3

(c)conspiracy to supply methamphetamine;4 and

(d)offering to supply cannabis.5

The offending

[2] In 2019, Waikato Police engaged in an investigation (Operation Hays) into the distribution of methamphetamine in the Waikato region. Mr Scott and his co-defendant Mr Le Noel were identified as being involved in the commercial sale and supply of methamphetamine.

[3] Text data was analysed for July 2019 showing that Mr Scott and Mr Le Noel discussed purchasing two ounces of methamphetamine for on-selling. They also discussed potential future financial yields if they were able to source greater quantities of methamphetamine.

[4] The analysed data revealed that Mr Scott supplied at least 9.5 grams of methamphetamine. He and Mr Le Noel also discussed collecting debt for past sales and supplying the drug on credit. The data also showed that Mr Scott offered to supply cannabis on a few occasions; an ounce on one occasion, one pound on another and on other occasions quantities were not identified.

1      R v Scott [2021] NZDC 346.
2      Misuse of Drugs Act 1975, s 6(1)(c) and (2). Maximum penalty life imprisonment.
3      Misuse of Drugs Act 1975, s 6(1)(c) and (2). Maximum penalty life imprisonment.
4      Misuse of Drugs Act 1975, s 6(2A). Maximum penalty 14 years’ imprisonment.
5      Misuse of Drugs Act 1975, s 6(1)(d) or (e) and (2). Maximum penalty 8 years’ imprisonment.

[5] When spoken to by Police, Mr Scott admitted the facts outlined and said he had sold methamphetamine in small quantities to friends and sex workers. He spoke about organising to buy more methamphetamine with Mr Le Noel but said he did so in order to feed his own drug dependency.

District Court decision

[6] The Judge referred to her sentence indication dated 7 July 2020, which indicated a starting point of three years and six months’ imprisonment (band 2 of Zhang v R),6 with an uplift of six months for the cannabis offending to four years’ imprisonment. She noted that in the indication, she told Mr Scott his guilty plea would attract a 20 per cent discount, and there would be further discounts available if he could show a link…

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 Scott v The Queen

Details

AGLC: Scott v The Queen [2021] NZHC 1853
Case: [2021] NZHC 1853
Decision Date: 21 July 2021

CaseChat Overview and Summary

Mr Scott appeals his sentence of two years and four months’ imprisonment imposed by Judge K B F Saunders in the Hamilton District Court. Mr Scott pleaded guilty to four charges, including supplying methamphetamine, offering to supply methamphetamine, conspiracy to supply methamphetamine and offering to supply cannabis. The appeal court considered whether the Judge erred in her discount for addiction and the overall sentence. The appeal court considered the further evidence regarding Mr Scott’s addiction was not fresh but was admitted in the interests of justice. The appeal court found that while a discount for addiction was warranted, the Judge’s discount was appropriate. The appeal court found the discount for time spent on electronically monitored bail was generous and that the sentence was not manifestly excessive. The appeal was dismissed.

Orders