IN THE COURT OF APPEAL OF NEW ZEALAND
CA7/2010
[2010] NZCA 107BETWEENLIONEL PAUL JOSEPH TAUMATA
Appellant
ANDTHE QUEEN
Respondent
Hearing:17 March 2010
Court:O'Regan, Rodney Hansen and Simon France JJ
Counsel:S G Vidal for Appellant
S B Edwards for Respondent
Judgment:30 March 2010 at 10.30 am
JUDGMENT OF THE COURT
A The appeal against conviction is dismissed.
BThe appeal against sentence is allowed. All sentences of imprisonment are cancelled. On the charge of possessing cannabis oil for supply, the appellant is sentenced to five months’ home detention with the conditions set out in [40]. On the remaining charges he is convicted and discharged.
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REASONS OF THE COURT
(Given by Simon France J)
Introduction
[1] Mr Taumata was charged with possessing cannabis for supply, and possessing cannabis oil for supply. He was acquitted in relation to the cannabis and convicted in relation to the oil. The cannabis was poor quality leaf, being what is known as “cabbage”. Cabbage is usually used to make cannabis oil and the jury obviously accepted Mr Taumata’s evidence that he possessed it for that reason. However, his evidence that all the cannabis oil was for his own use was rejected.
[2] Mr Taumata appeals his conviction on the sole ground that his video interview, which was played to the jury, contained inadmissible evidence that he had previously sold drugs.
[3] Mr Taumata was sentenced to two years six months’ imprisonment on the cannabis oil charge, and to concurrent sentences of six months’ imprisonment on two summary charges to which he had earlier pleaded guilty.[1] He appeals the sentence on the basis that it is manifestly excessive.
Factual background
[1] R v Taumata DC Invercargill CRI-2009‑025‑994, 3 December 2009.
[4] A search warrant was executed at the address where Mr Taumata was living with his partner and son. Located at the scene were:
(a) 687 grams of cannabis leaf in three separate bags;
(b) 22 grams of cannabis in a tin and a snaplock bag;
(c) A bottle containing 25 caps of cannabis oil;
(d)A container in which there were other bottles with both empty capsules and one filled capsule, and a spoon with oil residue on it;
(e) A rucksack with $10,130 cash, and $1,878 in cheques;
(f) A container with $572 in cash;
(g)In the car a container of Isopropyl alcohol, scales and what were alleged to be tick lists.
[5] Mr Taumata gave two police interviews during the course of which he admitted the drugs were his, but said it was all for his own use. He said he had brought a considerable quantity of cannabis with him when he moved to Gore from the North Island some months earlier. He admitted to making the cannabis oil.
[6] Mr Taumata explained some of the cash by reference to a series of transactions involving motor vehicles; the balance of the money was savings of his and his partner, which he preferred to keep in cash form.
[7] The prosecution evidence at trial was largely…
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- AGLC
- Taumata v The Queen [2010] NZCA 107
- Case
- [2010] NZCA 107
- Decision Date
CaseChat Overview and Summary
The final orders were that the conviction appeal was dismissed, the sentence appeal was allowed, and all terms of imprisonment were quashed. On the charge of possessing cannabis oil for supply, the court imposed a sentence of five months' home detention with the conditions identified in [40]. On the charges of possession of instruments for the consumption of cannabis, and possession of a precursor substance, the court imposed no penalty.
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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