R v Taylor [2017] NZDC 14317 (3 July 2017)

Last Updated: 21 November 2017

_{EDITORIAL NOTE: NO SUPRESSION APPLIED.}

IN THE DISTRICT COURT AT WELLINGTON

CRI-2017-085-000273 [2017] NZDC 14317

THE QUEEN

v

_{MATTHEW TAYLOR}

Hearing:	3 July 2017
Appearances:	A R Winsley for the Crown K M Pedder for the Defendant
Judgment:	3 July 2017

_{NOTES OF JUDGE C N TUOHY ON SENTENCING}

[1] Matthew Taylor you appear for sentence on a considerable number of charges.

[2] I gave you a sentence indication on those charges on 26 April. Some of those charges you had already pleaded guilty to at that time and you later accepted the sentence indication covering all charges and pleaded guilty to those which you had not yet pleaded guilty to.

[3] The charges fall into a number of groups in order of the way that I treated them in terms of seriousness.

(a) There was possession for supply of a Class B drug, GBL, in a substantial quantity.

R v MATTHEW TAYLOR [2017] NZDC 14317 [3 July 2017]

(b) There was a charge of household burglary.

(c) There were two charges of conspiracy to commit aggravated robbery. [4] Each of those three charges were dealt with separately and as well as that

there were a very considerable number of police charges of some significance committed over a lengthy period.

(a) They were five charges of receiving. (b) Three of theft.

(c) Six of conversion of motor vehicles.

(d) Six of using a document to defraud, or for a dishonest purpose. (e) Dangerous driving.

(f) Failing to stop.

[5] The sentence indication I gave you was for three years and four months’ imprisonment in total. When I gave that sentence indication I explained in very considerable depth how I reached that conclusion that that was the appropriate sentence.

[6] All in I gave you a 25 percent discount for guilty pleas which in terms of the legal principle was the maximum that could have been given and which was generous because you had not pleaded guilty at the first opportunity, indeed, the reverse. You remained on bail continuing to commit offences, not having pleaded guilty on the first of them for as long as you could, which is a pattern often found with offending which is motivated by drug dependency as yours primarily was. People try and stay out to continue taking drugs as long as they can and put off the evil day of facing their charges until they finally end up being remanded in custody. So the 25 percent guilty plea was very generous.

[7] I also treated all the various police charges as being dealt with concurrently, which also was giving you a fair deal, more than a fair deal. They could have been cumulative as between each other.

[8] So I acknowledge what you have done, the drug course you have done and your letter of remorse. Time will tell how lasting that is, but I do not think that I should give any further discount for those things given the basis on which I gave the sentence indication, which I think was generous to you in more than one respect.

[9] So that really leaves it at the amount that I indicated, and that is what I am going to do. I do not want to say any more than I said at that time.

[10] You are therefore sentenced to a total of three years four months’ imprisonment.

[11] That will be done by way of:

(a) The possession for supply charge, two years.

(b) There will be a cumulative sentence of 16 months for the burglary.

(c) There will be nine months’ concurrent for the conspiracy to commit aggravated robberies.

(d) There will be concurrent sentences on the theft charges, one of them will carry a concurrent sentence of six months, another one, one of three months and one of one month because they are of different seriousness.

(e) The receiving charges, there are five of those. There will be three months’ concurrent on all five.

(f) On the using a document charge, there will be six months’ concurrent

on all six.

(g) There will be three months on the dangerous driving and failing to stop.

(h) There will be six months on the two conversion charges.

(i) You will also be disqualified from holding or obtaining a drivers licence for nine months on the dangerous driving and failing stop charges.

(j) Your outstanding fines will be cancelled.

C N Tuohy

District Court Judge