IN THE COURT OF APPEAL OF NEW ZEALAND
CA313/2008
[2008] NZCA 383THE QUEEN
v
JACLYN CHERIE WILLIAMS
Hearing:18 September 2008
Court:Robertson, Wild and Cooper JJ
Counsel:P T R Heaslip for Appellant
S B Edwards for Crown
Judgment:23 September 2008 at 10.30 am
JUDGMENT OF THE COURT
THE APPEAL AGAINST SENTENCE IS DISMISSED.
____________________________________________________________________
REASONS OF THE COURT
(Given by Robertson J)
Introduction
[1] This is an appeal against a sentence of three years’ imprisonment imposed on Ms Williams after she pleaded guilty to one charge of conspiring to supply methamphetamine.
[2] The sole ground of appeal is that the Judge erred in declining to impose home detention which, it is submitted, involved an incorrect application of the decision of this Court in R v Hill [2008] NZCA 41. It is further contended that, in the exercise of his discretion, the Judge failed to take into account relevant considerations and took into account irrelevant ones.
[3] At sentencing, Lang J described the factual situation as follows:
[2] . . . In September 2006 the police began to receive information that two persons were selling methamphetamine from certain premises in Papatoetoe. They then instigated an operation, known as Operation domino, in which they began to keep the premises under surveillance.
[3] In May 2007 they applied for, and obtained, an interception warrant under the Misuse of Drugs Act 1975. This enabled the police to intercept telephone and other conversations between the people they believed to be at the centre of this drug distribution network. Then, in June 2007, a further inception warrant was issued by this Court in respect of other persons who had been identified as being involved in the network.
[4] The police then intercepted a vast number of telephone calls and text messages. Some of these, Ms Williams, were text messages and telephone calls in which you were one of the parties to the communication. These showed that you were a close associate of one of the principal distributors in the network. It also showed that between May and June 2007 you sourced large quantities of methamphetamine from that person and you then on-sold that methamphetamine.
[5] The summary of facts records that between 11 May 2007 and 26 June 2007 there were no fewer than 591 telephone calls or text messages between you and the distributor. Of these, the summary records that 157 related directly to the supply of methamphetamine. The telephone calls and text messages also revealed that you generally obtained between two and four grams of methamphetamine as a result of each contact with the distributor. You would obtain the drugs on an “as required” basis, and the summary states that you often “reloaded” several times a day.
[6] The police terminated their operation on 28 June 2007. On the morning of that day they went to your residential address in Otara. They searched the address pursuant to a warrant that had been issued under s 18 of the Misuse of Drugs Act 1976.
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- The Queen v Williams [2008] NZCA 383
- Case
- [2008] NZCA 383
- Decision Date
CaseChat Overview and Summary
The Court of Appeal examined the legal issues regarding the application of home detention in cases of conspiracy to supply methamphetamine. The court noted that while conspiracy is not within the category mandating imprisonment, the underlying philosophy of the Misuse of Drugs Act 1975 does not preclude its application to a charge of conspiracy, especially in cases where the offender admits to selling large quantities of the drug. The court also considered the relevance of deterrence and denunciation in cases of this kind.
The Court of Appeal found that the sentencing judge had appropriately exercised his discretion, taking into account the seriousness, scale, and commercial nature of the offending. The judge had concluded that a full-time custodial sentence was necessary, and the sentence imposed reflected the appellant's circumstances. The court agreed with the judge's analysis and dismissed the appeal against sentence.
Therefore, the appeal against sentence is dismissed, and the original sentence of three years' imprisonment stands.
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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