R v Zhang [2016] NZDC 16513 (25 August 2016)

Last Updated: 9 February 2017

EDITORIAL NOTE: PERSONAL/COMMERCIAL DETAILS ONLY HAVE BEEN DELETED.

IN THE DISTRICT COURT AT AUCKLAND

CRI-2015-044-003328 [2016] NZDC 16513

THE QUEEN

v

_{SEN ZHANG}

Hearing:	25 August 2016
Appearances:	Ms Bellingham for the Crown R Mansfield for the Defendant
Judgment:	25 August 2016

_{NOTES OF JUDGE N R DAWSON ON SENTENCING}

[1] Mr Zhang, you appear in Court today for sentencing on one charge of possession of methamphetamine for supply. This is a serious offence, it carries a maximum sentence of life imprisonment. I note that you are 35 year of age, you have no previous convictions. I have read and heard submissions from the Crown and your counsel. I have also read letters of support that have been written to the Court for you. I have seen your certificates for the courses you have done and read your own letter of remorse.

[2] When I sentence you today, there are a number of factors in the Sentencing Act 2002 that I need to take into account. The first is to hold you responsible for what you did and the next is to denounce your behaviour. You are involved in the proliferation of an extremely harmful drug in the community and the community need to be protected from that. Deterrence is also a factor I need to take into account. You and others need to get the message that if you get involved in the

_{proliferation of this drug, then there are serious consequences.}

R v SEN ZHANG [2016] NZDC 16513 [25 August 2016]

[3] The gravity of the offending is relatively high. The aggravating factor is there is a high degree of commerciality here and that there were 800.6 grams of the substance, which had a street value of $600,000 to $800,000.

[4] I have taken into account defence counsel’s submissions previously, that the true weight is 782.5 grams with a lower value of $335,357. The exact amount and the exact value is such that it is still serious offending. This offending occurred because on 15 September 2015, the police issued a search warrant at your address when you lived there with your partner. When you were asked if there was any methamphetamine at the address, you said there was half an ounce in your partner’s Mini. When asked if there was more, you showed the police a wardrobe opposite your bedroom, and said that there were 20 ounces in that bag.

[5] A thorough search of the address revealed the following items: located in the wardrobe and the downstairs lounge room were a black laptop bag containing

20 ounces of methamphetamine, one clear 12.5 litre plastic bag containing one set of digital scales and five white plastic containers, three quarters full of methamphetamine. There is also a large white plastic container full of emptied plastic ziplock bags. In the garage of the address in the Mini vehicle, a search located 14 grams of methamphetamine. In explanation, you said the methamphetamine was not yours but you were looking after it for somebody else.

[6] There are mitigating factors that I need to take into account before I sentence you today. You entered a guilty plea at the sentence indication stage and, given the circumstances of the progress of this case, you are entitled to a 25 percent discount. You have also expressed remorse for your offending through your counsel and by a letter to the Court. You are a person of previously good character and you have no previous convictions. [Details deleted].

[7] The pre-sentence report notes that you have expressed remorse and deep regret for your accepting possession of the drug and you have shown signs of remorse to the extent that you present with a seemness of self-loathing. I have also heard from your parents, and it is quite clear that your offending has had a significant

impact on them, elderly, they live in China and they are not in good health. They are clearly shocked and surprised that you have got involved in this type of offending.

[8] I indicated to you at the sentence indication hearing a starting point, taking into account the case of R v Fatu, would be a sentence of imprisonment for 12 years. From that is deducted 36 months for the guilty plea. For your expressions of remorse, your rehabilitative efforts and previous good character, I deduct a further six months. From the submissions made to me [details deleted], I deduct a further 21 months, reducing it to a sentence of imprisonment of six years and nine months. I also make an order for the destruction of all drug exhibits and paraphernalia.

[9] Thank you, stand down please.

N R Dawson

District Court Judge