IN THE HIGH COURT OF NEW ZEALAND GISBORNE REGISTRY
I TE KŌTI MATUA O AOTEAROA TŪRANGANUI-A-KIWA ROHE
CRI-2018-416-6
[2018] NZHC 688
BETWEEN JANINE MARY TAYLOR
Appellant
AND
THE QUEEN
Respondent
Hearing: 20 March 2018 Counsel:
N H Wright for Appellant C C Gullidge for Crown
Judgment:
18 April 2018
JUDGMENT OF THOMAS J
Introduction
[1] Janine Taylor was sentenced on 16 January 2018 in the Gisborne District Court1 to three months’ home detention following guilty pleas to charges of possession of methamphetamine for supply2 and conspiracy to supply methamphetamine (with George Te Aho and Samuel Sheridan).3 Ms Taylor now appeals her sentence on the grounds that refusing to discharge her without conviction was in error, given the minimal role she played in circumstances of fear of violence.
1 R v Taylor [2018] NZDC 656.
2 Misuse of Drugs Act 1975, ss 6(1)(5 and 6(2), maximum penalty life imprisonment.
3 Section 6(2A)(a), maximum penalty 14 years’ imprisonment.
TAYLOR v R [2018] NZHC 688 [18 April 2018]
Factual background
[2] Ms Taylor and Mr Te Aho have had an on-off relationship for the past 12 years and have three daughters together. Mr Te Aho was arrested on 12 November 2016 on what the summary of facts describes as unrelated charges. Given comments in the psychologist’s report referred to later in this decision, it is likely the arrest was for domestic violence towards Ms Taylor. As will become apparent, this type of behaviour was not unrelated but highly relevant to Ms Taylor’s offending.
[3] Mr Te Aho was remanded in custody. Phone calls between the two were recorded, averaging three a day between 24 November to 30 December 2016. In these calls, Mr Te Aho and Ms Taylor discussed matters including, with varying degrees of transparency, methamphetamine dealing. It is accepted the conversations were generally one way, involving Mr Te Aho issuing directions and instructions to Ms Taylor, becoming insistent, demanding and threatening if Ms Taylor displayed reluctance to be involved.
[4] In the conversations, Ms Taylor confirmed she had given bags, scales and a phone to Mr Sheridan, a co-offender. Mr Te Aho told Ms Taylor that he and Mr Sheridan were a team and Mr Sheridan would keep the money turning over for him and generate more money. Recordings, primarily between Mr Te Aho and Mr Sheridan, discussed the supply to others of methamphetamine. Conversations between Mr Te Aho and Ms Taylor show Mr Te Aho keeping her informed of some matters and issuing instructions.
[5] The conspiracy to supply charge covers the period 24 November to 30 December 2016. The conservative total estimate of the amount Mr Te Aho, Mr Sheridan and Ms Taylor conspired to supply over this time is approximately seven grams of methamphetamine.
[6] The possession for supply charge, where Ms Taylor was charged jointly with Mr Te Aho, concerned Ms Taylor complying with a direction from Mr Te Aho to obtain approximately half a gram of methamphetamine from Mr Sheridan and give it to two other…
Continue reading Taylor v R
Sign in free to access the full text
- AGLC
- Taylor v R [2018] NZHC 688
- Case
- [2018] NZHC 688
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
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.