IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CRI-2022-404-46
[2022] NZHC 679
BETWEEN AMIT SINGH
Appellant
AND
NEW ZEALAND POLICE
Respondent
Hearing: 4 April 2022 Appearances:
P Osborne
TCT Riley for the Respondent
Judgment:
5 April 2022
JUDGMENT OF GAULT J
This judgment was delivered by me on 5 April 2022 at 2:00 pm.
Registrar/Deputy Registrar
……………………………………
Parties / Solicitors:
Mr P Osborne, Phil Hamlin Barrister, Auckland
Mr TCT Riley, Kayes Fletcher Walker, Office of the Crown Solicitor, Manukau City
SINGH v POLICE [2022] NZHC 679 [5 April 2022]
[1] Mr Singh appeals against his sentence of 28 months’ imprisonment imposed by Judge D J McNaughton in the Manukau District Court on 10 February 2022.1 Mr Singh pleaded guilty to the following charges after the Judge’s sentence indication on 21 September 2021:
(a)supplying methamphetamine (x2);2
(b)possession of a methamphetamine pipe;3
(c)unlawful possession of a firearm (x2);4
(d)unlawful possession of ammunition;5 and
(e)failure to answer District Court bail (x2).6
[2] Mr Singh appeals on the basis that the Judge did not award discounts for his previous good character and time spent on EM bail.
The offending
[3] On 26 November 2020 Police stopped Mr Singh on Mahia Road, Manurewa. A cannabis bud was visible. Police executed a search without warrant. Inside a backpack they found a Glock pistol with one round in the chamber and one in the magazine clip. In another bag they found just over five grams of methamphetamine in a plastic zip lock bag and other empty zip lock bags. They also found a set of electronic scales.
[4] After obtaining an order in relation to data on Mr Singh’s mobile phone, police discovered Facebook messages offering to sell and deliver methamphetamine. There were also photographs of bags of methamphetamine with prices written on the bags.
1 Police v Singh [2022] NZDC 2213.
2 Misuse of Drugs Act 1975, ss 6(1)(c) and 6(2)(a). Maximum penalty life imprisonment.
3 Sections 13(1)(a) and 13(3). Maximum penalty one years’ imprisonment and/or a $500 fine.
4 Arms Act 1993, s 45(1)(b). Maximum penalty four years’ imprisonment and/or a $5,000 fine.
5 Section 45(1)(b). Maximum penalty four years’ imprisonment and/or a $5,000 fine.
6 Bail Act 2000, s 38(a). Maximum penalty one years’ imprisonment or a $2,000 fine.
[5] Three days later, on 29 November 2020, Mr Singh purchased three and a half grams of methamphetamine. He divided it into 25 zip lock bags, selling approximately five – 10 to associates.
[6] On 30 November 2020, police executed a warrant to search Mr Singh’s address. There they found a loaded pump-action shotgun; 10 rounds of ammunition; methamphetamine; $1,460 in cash; scales; and multiple zip lock bags.
[7] Mr Singh was granted EM bail on 4 March 2021. He was subject to a 24 hour curfew. The occupant of the bail address revoked consent on 31 March 2021. Mr Singh was again granted EM bail to a different address on 16 April 2021. He…
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CaseChat Overview and Summary
The court held that the Judge’s refusal to award a discount for good character was not justified by the further charges Mr Singh faced, as the presumption of innocence means unproven charges should not count against him. The court found that even if it were appropriate to consider the further charges as part of a series of offences, the Judge had not adequately weighed the strength of the case against the presumption of innocence. The court also found that there was limited evidence of Mr Singh’s previous good character, and that the Judge was entitled to decline a further discount in the circumstances.
The court held that the Judge was not entitled to decline a discount for time spent on EM bail on the basis of the further charges. The court found that the presumption of innocence means unproven charges should not count against Mr Singh when considering his compliance with EM bail conditions. The court considered that a discount of two to three months would have been appropriate. The court concluded that while a reduction of three months was more than tinkering, it did not reduce the end sentence sufficiently to allow the court to consider whether a sentence of home detention would be the least restrictive sentence appropriate in the circumstances.
The appeal is allowed. The sentences are set aside, and new sentences are substituted: 25 months’ imprisonment (concurrent) for the supplying methamphetamine charges and the Arms Act charges, and three months’ imprisonment (concurrent) for the possession of a methamphetamine pipe charge.
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