Police v Moulton [2016] NZDC 7678 (4 May 2016)

Last Updated: 10 November 2016

_{EDITORIAL NOTE: NO SUPPRESSION APPLIED.}

IN THE DISTRICT COURT AT CHRISTCHURCH

CRI-2015-009-009414 [2016] NZDC 7678

NEW ZEALAND POLICE

Prosecutor

v

MITCHELL SHANE MOULTON

_Defendant

Hearing:	4 May 2016
Appearances:	D Orchard for the Prosecutor D Matthews for the Defendant
Judgment:	4 May 2016

_{NOTES OF JUDGE P R KELLAR ON SENTENCING}

[1] Mr Moulton, I earlier gave you a sentence indication. You accepted that. I also said that further credit would be given if there was a successful restorative justice conference. I will get onto that in a moment but it seems there has been. I also said that if there was some evidence of some causal link between underlying mental health issues and this offending I would give you further credit. I am not satisfied that that is that, but I will come back to that in a moment.

[2] You accepted that sentence indication and you are now for sentence in line with that in respect of charges of threatening to kill; that carries a seven year maximum prison term, discharging a .22 rifle, possession of a firearm and charges that pale into insignificance, possession of cannabis and driving while suspended.

[3] On Tuesday, 6 October 2015, at about 8.40 in the morning you drove to the carpark of the WINZ office in Aldwins Road, Christchurch. You went to the front

entrance of the office. You were in an agitated state and you began arguing with the security officer who asked you to produce identification. You became even more agitated at which time the doors to the office were locked by the security officer to prevent you from entering. The security officer told you to leave.

[4] As you were walking away, you threatened to blow up the victim, the security officer, and other WINZ staff. You had a loaded .22 sawn off rifle down the front of your trousers. In one movement you removed the firearm from your trousers, pointed it into the air and discharged it. You continued yelling and shouting expletives and in an aggressive manner before running to the carpark.

[5] You drove your vehicle at some speed a short distance away to Bass Street. You parked up and got out of the vehicle. Police approached you. You ran off but were soon apprehended. The firearm was found by police in the tyre well of your vehicle. There were a number of other things that were also found including ammunition. You were searched and 4 grams of cannabis was found on you.

[6] There is a number of aggravating factors involved. Clearly the threatened use of violence and use of a weapon is a principal aggravating factor, although to some extent that is inherent in the charge.

[7] The extent of the harm that has resulted from it, as well as an aggravating factor needless to say, this has had a pretty significant effect on the security officer. There is also an element of premeditation that must be regarded as an aggravating factor because regardless of your explanation for it, you took a loaded firearm with you to the WINZ office and more than that, you discharged it.

[8] There is no tariff or guideline judgment for threatening to kill offending. There is a case of Boyland v Police 2015 NZHC 24663. Your case is more serious than that case and in particular the threats and the use of the firearm, in this case, were directed towards WINZ staff who understandably have heightened security and sensitivity around these sorts of issues.

[9] In terms of your personal circumstances you have got convictions for possession of an offensive weapon, some violence and drug offending.

[10] The pre-sentence report assess your risk of offending as medium, as is your risk of harm. You stated to the probation officer that you had been using methamphetamine and other illicit drugs for the past five months; this is at the time of writing the report, since coming to Christchurch from the West Coast. You mentioned that you had been up all night prior to this offending using methamphetamine.

[11] The report writer assesses the main factors contributing to your offending are the drug addiction issues, the lifestyle that goes with that and what is described as offending supportive attitudes.

[12] I indicated to you that in order to achieve sentencing objectives, the main ones of which are to hold you accountable for this offending, to promote in you a sense of responsibility for it, and an acknowledgement of the harm that it has caused. The sentence should very much denounce this type of offending and act as a deterrent not just for you, but for others so minded to act. The sentence should, however, also promote your rehabilitation and reintegration back into the community. It will ultimately be a matter for the Parole Board.

[13] This is comparatively serious offending. Let us make no mistake about it. You went to a WINZ office armed with a loaded .22 rifle, made threats and discharged it. That said, I have to impose on you the least restrictive outcome that is appropriate in the circumstances.

[14] Consistent with my earlier indication of sentence, the threat to kill and discharging firearm charges attracts a three year starting point, uplifted by six months for the other offending, and a further six months for your relevant history. That is an overall starting point of some four years’ imprisonment. The case against you was very strong and your pleas of guilty were not at the earliest opportunity, but I gave you an indication of the 20 percent discount for your pleas and that is

10 months, leaving on a totality basis an end sentence of some three years’ imprisonment.

[15] The restorative justice conference was very successful and it underscores just how important these conferences can be. It is appropriate that I give you further credit for that and I have discounted a further four months from the overall sentence, but I am not satisfied that any other discounts are called for.

[16] So, Mr Moulton, on the threat to kill charge you are sentenced to two years and eight months’ imprisonment with concurrent terms of imprisonment of one year on the discharge of the firearm, 18 months on the possession of a pistol, and one month each on the driving while suspended and the possession of cannabis. It hardly serves any purpose, but you are disqualified from driving for six months after today.

P R Kellar

District Court Judge