IN THE HIGH COURT OF NEW ZEALAND INVERCARGILL REGISTRY
CIV-2015-425-000001 [2015] NZHC 1194
BETWEEN SHANE BERNARD TUUTA
Appellant
AND
THE QUEEN Respondent
Hearing: 29 May 2015 (By way of audio visual link) Appearances:
D G Slater for Appellant
S N McKenzie for RespondentJudgment:
29 May 2015
ORAL JUDGMENT OF GENDALL J
[1] This is an appeal by the appellant, Mr Shane Bernard Tuuta, against sentence for drug offending.
Introduction
[2] On 29 January 2015 following a guilty plea, the appellant, Mr Tuuta, was sentenced in the District Court at Invercargill to two years three months imprisonment on:
(a) one charge of cultivating cannabis;1
(b) three charges of offering to supply cannabis (represents (c)
144 offences);2
three charges of possession of cannabis for supply;3
1 Misuse of Drugs Act 1975, s 9(1).
2 Misuse of Drugs Act 1975, s 6(1)(e) and (2)(c).
TUUTA v R [2015] NZHC 1194 [29 May 2015]
(d) possession of non-approved psychoactive substance;4
(e) three charges of being an unlicensed person selling alcohol (and that represented 28 offences).5
[3] The appellant now appeals the sentence on the basis the starting point and end sentence here were manifestly excessive.
Facts of the offending
[4] Given what was said to be an increase in the number of people possessing and consuming home brew alcohol in the Invercargill region, the Invercargill police launched an investigation. Mr Tuuta, the appellant, was identified as a person who was responsible for distilling and selling bottles of home brew. As part of the ongoing investigation, the police intercepted his SMS message communications for specified periods of time.
[5] In relation to the alcohol offending, between the dates of 11 May and 31 July
2014, the intercepted messages showed the defendant sold home brewed alcohol on at least 28 occasions.
[6] In relation to the offering to supply offending, between the dates of 11 May and 2 August 2014, the defendant made 144 offers to supply cannabis. These offers including the following:
· 80 x $50 zip lock bags of cannabis;
· 34 x $20 - $25 “tinnies”;
· 3 x offers of sale of ½ ounce quantities;
· 8 x offers of full one ounce quantities.
3 Misuse of Drugs Act 1975, s 6(1)(f) and (2)(c).
4 Psychoactive Substances Act, s 71,
5 Sale and Supply of Alcohol Act 2012, s 233.
[7] The appellant it seems was sourcing the cannabis by growing it himself and by purchasing large quantifies, primarily by the ounce, and on-selling this in smaller quantities.
[8] On 14 August 2014, the police executed a search warrant at the appellant’s address. He co-operated with the police and assisted with the search. He showed them various locations where the cannabis was stored. This gave rise to the cultivating charge.
[9] When interviewed, the appellant admitted cultivating and selling cannabis over a three month period along with previously selling home brew alcohol. He said he was ashamed and remorseful and thanked the police for executing the search warrant as he was…
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- Tuuta v The Queen [2015] NZHC 1194
- Case
- [2015] NZHC 1194
- Decision Date
CaseChat Overview and Summary
The court considered the nature and scale of the appellant's offending, which included cultivating cannabis, offering to supply it, and selling home-brewed alcohol. The appellant admitted to cultivating and selling cannabis over a three-month period and selling home-brew alcohol on at least 28 occasions. The court acknowledged the commercial aspect of the appellant's activities and the number of offers to sell, which led to the imposition of a sentence within the available range. The court found the sentence imposed by Judge Saunders to be appropriate, taking into account the commercial nature of the offending and the appellant's early guilty plea and cooperation.
The court found that the starting point of three years was within the available range and the sentence imposed was not manifestly excessive. The court noted that the level of offending in the present case was similar to that in other cases, such as Tomars, where a starting point of three years was upheld. The court also considered the appellant's self-referral to address his drug problem, which was not before the District Court. However, the court found that the sentence imposed was appropriate and dismissed the appeal.
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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