IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CRI-2021-404-43
[2021] NZHC 828
BETWEEN RYAN ROBERT TURNBULL
Appellant
AND
NEW ZEALAND POLICE
Respondent
Hearing: 12 April 2021 Counsel:
E Kim and C A Oxnam for appellant H J Bell for respondent
Judgment:
20 April 2021
JUDGMENT OF TOOGOOD J
This judgment was delivered by me on 20 April 2021 at 10.00am.
Registrar/Deputy Registrar Date:
Solicitors:
Public Defence Service, Auckland Crown Solicitor, Auckland
TURNBULL v NEW ZEALAND POLICE [2021] NZHC 828 [20 April 2021]
Introduction
[1]Ryan Turnbull pleaded guilty to the following offending:
(a)two charges of possession of utensils for the consumption of prohibited drugs;1
(b)one charge of cultivating cannabis;2
(c)one charge of breach of community work;3
(d)one charge of male assaults female;4
(e)five charges of theft under $500;5
(f)one charge of unlawfully taking a motor vehicle;6
(g)one charge of receiving stolen property;7
(h)one charge of burglary;8
(i)one charge of possession of ammunition;9
(j)one charge of failing to comply with the direction of a medical officer, which was a breach of the COVID-19 lockdown rules;10 and
(k)one charge of possession of offensive weapons.11
1 Misuse of Drugs Act 1975, ss 13(1)(a) and 13(3). Maximum penalty one year’s imprisonment and
$500 fine.
2 Section 9(1). Maximum penalty seven years’ imprisonment.
3 Sentencing Act 2002, s 71(1)(a). Maximum penalty three months’ imprisonment or a $1,000 fine.
4 Crimes Act 1961, s 194(b). Maximum penalty two years’ imprisonment.
5 Sections 219 and 223(d). Maximum penalty three months’ imprisonment.
6 Section 226(1). Maximum penalty seven years’ imprisonment.
7 Section 247. Maximum penalty three months’ imprisonment.
8 Section 231(1)(a). Maximum penalty 10 years’ imprisonment.
9 Arms Act 1983, s 45(1). Maximum penalty four years’ imprisonment and a $5,000 fine.
10 Health Act 1956, s 72(d). Maximum penalty six months’ imprisonment and a $4,000 fine.
11 Crimes Act 1961, s 202A(4)(a). Maximum penalty three years’ imprisonment.
[2] The offending took place on discrete occasions over a long period between March 2019 and June 2020. Almost all of the offending, with the exception of the theft of the sunglasses, the 18 March drug-utensil offending, and the 20 March breach of community work, took place while Mr Turnbull was on bail for the other offending.
[3] On 7 January 2021 in the Auckland District Court, Judge Collins sentenced Mr Turnbull to two years and nine months’ imprisonment.12 Mr Turnbull appeals on the basis that the Judge erred by not making adjustments in accordance with the principle of totality and by applying insufficient credit for Mr Turnbull’s guilty pleas, which led to a manifestly excessive sentence.
The offending
Drug offences
[4] On 18 March 2019, the Police searched a car driven by Mr Turnbull. They found a methamphetamine pipe and two cannabis bongs. Mr Turnbull admitted that they belonged to him. On 11 November 2019 the Police searched Mr Turnbull’s residence. They found seven cannabis plants and 18 cannabis seedlings. Mr Turnbull said that he was looking after them for a…
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- Case
- [2021] NZHC 828
- Decision Date
CaseChat Overview and Summary
The Court considers that the District Court Judge applied the correct principles in determining the appropriate uplifts for the various charges. The Court accepts that the uplift for the drug-related charges was excessive but that the uplifts for the other charges were within the range available to the Judge. The Court is satisfied that the District Court Judge’s approach to the guilty plea discount was flawed. The Court holds that the Judge should have applied the discounts for personal circumstances and the guilty plea separately, rather than combining them into a single 15 per cent discount. The Court finds that a four-month reduction in the sentence is appropriate.
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