R V SEIFERT-SIMPSON HC DUN CRI 2008-012-004927 [2009] NZHC 97 (11 February 2009)

IN THE HIGH COURT OF NEW ZEALAND
DUNEDIN REGISTRY
                                                                  CRI 2008-012-004927



                                        REGINA



                                            v



                   SHYNON BENJAMIN
SEIFERT-SIMPSON



Hearing:       11 February 2009

Counsel:       R D Smith for Crown
               J A Westgate for Prisoner

Judgment:      11 February 2009


                   SENTENCING REMARKS OF FOGARTY J



[1]    Shynon Seifert-Simpson you appear
for sentence for having sold cannabis, a
Class C controlled drug and been in possession of a Class B controlled drug, Ritalin.
You
were actively selling cannabis from 15 July to 3 September last. You were
buying an ounce of cannabis and then on-selling it in the
form of tinnies. You were
arranging deals by text messages and at the city cafes. You were found on the
excuse of a search warrant
with electronic scales, tick lists, a number of zip-lock
bags and $470 cash. You have appeared before the District Court on one occasion
in
respect of six offences relating to dishonesty, but you have no prior convictions for
drug offending.


[2]    Shynon the fact
which has impressed the probation officer, the lawyers and
myself is that you are only 18 years old. The reason why you are not going
to

R V SEIFERT-SIMPSON HC DUN CRI 2008-012-004927 11 February 2009

prison, and I could send you to prison, is that it is in the
interests of the community
to formulate a punishment which offers some chance that you will not fall into the
criminal classes and
that your life will not be wasted. I hope you understand that.
You are standing here in the High Court. You have been moved from
the District
Court because the degree of your offending made the Judge think that perhaps you
should be going to jail. You are here
in the High Court in the dock flanked by two
prison officers. If it was not for your age you would be going to prison. I want you
to think about that and make a resolution that you are never going to be in this
situation again.


[3]    I am aware from reading
the reports that you have been in the company of
people who use drugs and who think that there is nothing wrong with using drugs.
You have simply got to avoid that company. You are a young man. There are
hundreds and thousands of young people in New Zealand who
do not use drugs and
have great lives and you have got to join them and find friends among them.


[4]    You do qualify, as I said,
for imprisonment, because under a Court of Appeal
decision R v Terewi  [1999] 3 NZLR 62 the starting point for this offending is within
the range of two to four years imprisonment. Because of your pleas of guilty you
are entitled to a discount which can bring that down below two years to an
appropriate range of 18 to 20 months imprisonment and
that then gives me the
ability to consider forms of detention or sentences less than going to prison. You
have heard me discuss with
the counsel before me and with the probation officer
here the recommendations of the probation officer's report of community detention,
community work and supervision. There is a case for home detention which is more
severe than community detention but in your case
I think the emphasis has to be on
rehabilitation.


[5]    As you have heard, and I am about to sentence you to a heavy number of
hours for community work, which does this: it repays to the community the harm
that you have caused. Now you may think that you have
probably not caused any
harm selling cannabis. But believe me, at my age, I have seen young people's lives
become black holes because
of addictions to cannabis and wrecked lives as a

consequence. The community expresses that through Parliament and quite clearly
understands that, even if young boys like you do not understand it.


[6]     For these reasons I am going to sentence you to community
detention for six
months to your parents' home where you will be under a curfew.        The home is at
939 Taieri Mouth Road, Kuri
Bush, Brighton, Dunedin. The curfew hours will be
daily from 7.30 pm to 6 am. Monitoring equipment will be installed on the first
available date, on Wednesday, 18 February. I am also sentencing you to six months
supervision with special conditions that you will
undertake alcohol/drug assessment,
counselling or treatment as directed by the probation officer. You will undertake and
complete
appropriate treatment/counselling to the satisfaction of the probation
officer and treatment provider, the details of the counselling
or treatment to be
determined by your probation officer. I am also sentencing you to 300 hours of
community work.


[7]     I should
add that one of the reasons why you are getting this sentence is that
you have the very good fortune that your mother and your mother's
partner are
prepared to have you and are supporting you. Do not forget that and do not let them
down.




Solicitors:
Crown Solicitor,
Dunedin
J A Westgate, Dunedin