R v Philip [2016] NZDC 15504 (15 August 2016)

Last Updated: 24 November 2016

_{EDITORIAL NOTE: NO SUPPRESSION APPLIED.}

IN THE DISTRICT COURT AT TAURANGA

CRI-2015-070-002572 [2016] NZDC 15504

THE QUEEN

v

_{JOHN DOUGLAS PHILIP}

Hearing:	15 August 2016
Appearances:	N Batts for the Prosecutor J Kaye for the Defendant
Judgment:	15 August 2016

_{NOTES OF JUDGE L M BIDOIS ON SENTENCING}

[1] Mr Philip, you are for sentence having pleaded guilty to a raft of charges. They include manufacturing methamphetamine, possession of methamphetamine for supply, supplying methamphetamine, possession of a pistol, possession of precursors, possession of equipment and possession of material.

[2] In relation to this matter, you are currently serving a sentence of imprisonment for nine and a half years on drug related offending.

[3] I have received written submissions from the Crown and from your counsel. I have heard from both the Crown and your counsel.

[4] The Crown submits that had this matter been dealt with at the time you were sentenced on your current sentence, that an overall sentence would have been around

R v JOHN DOUGLAS PHILIP [2016] NZDC 15504 [15 August 2016]

12, 13 years and as a result of that recognising that this is separate and unrelated, they ask for a cumulative sentence of five and a half to six years.

[5] Your counsel in submissions acknowledges that had this offending stood alone, it would probably attract a starting point for the drug offending at around nine years.

[6] I need to recognise the firearm charge and the fact that you were at large having absconded from electronically monitored bail, would call for a final starting point of around 10 years, but obviously after deductions for mitigating factors, the Court needs to recognise that on a cumulative sentence that the overall sentence must not be manifestly excessive and too crushing on you.

[7] In relation to this matter, the aggravating features that I see are the fact that there is the number of charges that you are on, there is the range of offending in that there is drugs and firearms; there is the commercial aspect to this offending albeit that is inherent in some of the charges; there is the fact that this was an ongoing operation, previous convictions and offending whilst you were on the run.

[8] The mitigating factors are your plea of guilty and acceptance of responsibility. I have today been handed up three certificates, one for attendance at drug and alcohol awareness, another one for certificate of attendance at powerful relationships and a certificate of completion for a drug and alcohol programme that you have completed whilst you are currently in prison.

[9] I have to assess the overall seriousness of the offending. There is no doubt that a sentence of imprisonment is to be imposed. Having regard to the manufacturing and the drug related offending, I would fix a starting point of around nine years having regard to R v Fatu [2005] NZCA 278; [2006] 2 NZLR 72 (CA). I need to make an adjustment that you had a pistol that you would have used against others, that is non-police. There was offending whilst you had taken your bracelet off whilst you were on EM bail and relocated to this area.

[10] In relation to these matters, that is on the manufacturing which will be the lead charge, a final starting point of 10 years. I give you a one-third discount for the mitigating factors that I have identified, which is pretty generous. That brings it down to seven years. I am then going to impose a cumulative sentence. Having recognised that, I have to have regard to totality.

[11] From that final end sentence, I am prepared to give you a 50 percent reduction down to three and a half years on the manufacturing. That is cumulative on the sentence you are already serving.

[12] There will then be concurrent sentences on all the other matters as follows. On the possession for supply two years, supply two years, possession of pistol,

12 months, possession of precursors 12 months, possession of equipment 12 months and possession of materials 12 months. There is forfeiture of the firearm, ammunition, equipment, materials, precursors and cash.

[13] You need to address the issues you have Mr Philip so that after you come out, you cannot afford to get involved in methamphetamine in particular and drugs, otherwise lengthy sentences will again be imposed on you.

L M Bidois

District Court Judge