Taylor v R - [2013] NZCA 417

IN THE COURT OF APPEAL OF NEW ZEALAND

CA431/2013
[2013] NZCA 417

BETWEEN	PAUL FREDERICK TAYLOR Appellant
AND	THE QUEEN Respondent

CA450/2013
AND BETWEEN	RICHARD GRAYSON Appellant
AND	THE QUEEN Respondent

Hearing:	22 August 2013
Court:	White, Venning and Courtney JJ
Counsel:	W T Nabney for Appellants J M Jelas for Respondent
Judgment:	4 September 2013 at 4.00 pm

JUDGMENT OF THE COURT

The appeals against sentence are dismissed.

____________________________________________________________________

REASONS OF THE COURT

(Given by White J)

Introduction

Messrs Taylor and Grayson appeal their respective sentences of seven years’ imprisonment on one charge of cultivating cannabis and one charge of aggravated assault, imposed on them by Judge McGuire in the District Court at Rotorua.[1]
[1]R v Grayson DC Rotorua CRI-2011-077-1544, 14 June 2013.
Messrs Taylor and Grayson pleaded guilty to both charges, but took issue with the quantity and value of the cannabis they admitted cultivating. This led to a disputed facts hearing under s 24 of the Sentencing Act 2002 and a ruling by Judge McGuire which provided the basis for this aspect of his subsequent sentencing.[2]

Background

[2]R v Grayson DC Rotorua CRI-2011-077-1544, 19 March 2013 (Ruling 1).

The cannabis cultivation operation was found by the police in two purpose‑built wire netting enclosures in a pine plantation. There were 9,624 cannabis seedlings discovered inside the enclosures growing in grow bags and potting mix. A man‑made pond, plastic bins and plastic bags were also found, together with a collection of tools and gardening equipment in Messrs Taylor and Grayson’s motor vehicle.
A search warrant executed on Mr Taylor’s home revealed a number of empty fertiliser bags as well as a bag containing dried cannabis material and a number of cannabis seeds. At Mr Grayson’s home police located 27 grams of dried cannabis head and a large plastic bag carrying three smaller bags of cannabis weighing a total of 669 grams and containing low grade cannabis leaf material and seeds.
The aggravated assault charge was laid because a police officer involved in the apprehension of Messrs Taylor and Grayson was injured. There was an initial struggle with Mr Taylor. Mr Taylor then encouraged Mr Grayson to “have a go”. A joint attack then followed and the officer was knocked to the ground, pushed and punched. As a result of this attack, Messrs Taylor and Grayson were able to escape, at least for a time, and during their subsequent recapture the officer sustained further injuries.
The officer sustained various injuries to his knee, right index finger, the back of his head, right eye, chin, elbows, lower back area and legs. As a result of the injuries, the officer required seven weeks off work and, as noted in his victim impact statement 18 months later, both his injured knee and index finger continued to cause him pain. Specialist advice was that the latter injury would remain a “permanent disability”.

Disputed facts hearing

At the disputed facts hearing, Judge McGuire heard evidence from police expert Detective Sergeant Kingsbury, Sergeant Garnett…

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 Taylor v R

Details

AGLC: Taylor v R [2013] NZCA 417
Case: [2013] NZCA 417
Decision Date: 4 September 2013 at 4.00 pm

CaseChat Overview and Summary

In Taylor v R, the Court of Appeal of New Zealand considered appeals against the sentences imposed on Messrs Taylor and Grayson by Judge McGuire in the District Court at Rotorua. The appellants had pleaded guilty to cultivating cannabis and aggravated assault charges. The appeal focused on the length of the seven-year imprisonment sentence imposed by Judge McGuire, with arguments raised about the starting point, uplift for previous convictions, and uplift for aggravated assault. The Court of Appeal found that the starting point of six and a half years was appropriate, as the cannabis cultivation was an organised, large-scale operation. The Court agreed with the Crown that the six-month uplift for previous convictions was appropriate and that the two and a half-year uplift for aggravated assault was justified due to the serious nature of the offence. Considering the totality of the offending, the Court concluded that the seven-year imprisonment sentence was well within the range and not manifestly excessive. The appeals against sentence were dismissed.

Orders