Police v Stringer [2017] NZDC 14952 (7 July 2017)

Last Updated: 22 November 2017

EDITORIAL NOTE: SOME NAMES AND/OR DETAILS IN THIS JUDGMENT HAVE BEEN ANONYMISED.

IN THE DISTRICT COURT AT DUNEDIN

CRI-2016-002-000347 [2017] NZDC 14952

NEW ZEALAND POLICE

Prosecutor

v

AMBER RENEE STRINGER

_Defendant

Hearing:	7 July 2017
Appearances:	Sergeant A Cheyne for the Prosecutor A More for the Defendant
Judgment:	7 July 2017

_{NOTES OF JUDGE K J PHILLIPS ON SENTENCING}

[1] Amber Renee Stringer, you are for sentence before me on a raft of charges. They involve the supply of methamphetamine on which you are liable to go to prison for life, the supply of cannabis, extremely serious using documents, violence, and possession of drugs. At the end of today I have to send you to prison for a lengthy period of time and I cannot in any way positively help or assist any of the victims of your offending by way of reparation (even though there are very large amounts being claimed) or indeed consider that anything else other than denunciation and deterrence as the reason why you are going to prison. I do not know whether it is going to help you but it will certainly mean that the community is given a break from your offending.

[2] I gave you a sentencing indication on 26 May on a number of the charges, or all of the charges but one. That indication that I gave to you was an end point of

POLICE v STRINGER [2017] NZDC 14952 [7 July 2017]

sentence after allowances (credits) of three years and four months’ imprisonment. I note that you accepted that sentence indication. With the other charge that relates to a representative charge of using a document amounting to 61 separate offences brought to account, the overall end point for your sentence today is going to be a sentence of imprisonment of four years and 10 months.

[3] The police in January of this year received information that you were actively dealing methamphetamine and cannabis in the Otago area. The police investigation disclosed the following: that you have been selling cannabis to associates between December 2016-January 2017 in grams (one, three, 14, 28 and 56 grams). At least

158 grams generating $2375 of income. On 17 separate occasions between the same period, December 2016-February 2017, you were offering to sell cannabis. (On at least those occasions, some 92 grams). On three occasions (out of those numbers) it was confirmed the sale did not take place. You offered to supply MDMA but the product you supplied or had available was not accepted as MDMA. No sale took place. Between 18 December 2016 and 9 February 2017, you offered to supply methamphetamine in various amounts. A total of 5.4 grams of methamphetamine. On four occasions the supply did not take place as your associates declined the offer. In relation to Ritalin, you offered to supply Ritalin on a number of occasions. You supplied methamphetamine on three occasions. You had in your possession when you were arrested, methamphetamine and cannabis, and $4000 in cash. You pleaded guilty as I have said to a sentencing indication I gave to you.

[4] You are also for sentence on matters relating to charges of assault, one of using a document and wilful damage. One of those victims was [victim 1]. The second was the [victim 2]. Whilst it is accepted that you were the victim of an assault, it also appears that you used [victim 1’s] Eftpos card, buying beer and cigarettes, taking cash unlawfully and without authority. When you were confronted about your actions you became violent. You kicked a door, damaging it. You are charged with intentional damage. You pushed the victim back with your hands on his chest. He fell back into the hot water cupboard. You also punched the second victim [victim 3] in the face. You pleaded guilty to those assaults as all part of my indication.

[5] In relation to that indication, on 26 May I heard and read submissions from Mr More. I noted that the position of the Crown or the police was that the end point for your sentence on the drug offending should be three years. Mr More’s submissions were that the methamphetamine offending was at a low level which submission I rejected. The starting point suggested by Mr More I did not accept. The indication I gave to you was that the methamphetamine in the terms of the tariff decision of R v Fatu1 was between band 1 and 2 with a starting point of three years; the cannabis offending was in category 2 of R v Terewi2 with a two years six months starting point. A total of five years and six months. Allowing for a totality overall starting point of four years and six months. With the other offending a maximum of one year and two months. I gave you full credit for guilty pleas. I indicated to you that on those charges that I have gone through, on guilty pleas the end sentence would be three years and four months’ imprisonment.

[6] You have pleaded guilty to a further use of a document charge. That to my mind is serious offending. It appears that you went with your co-offender to the victim’s home. You planned and premeditated getting the victim intoxicated (he was

63 years of age and known to you). The plan was to get him intoxicated, steal his Eftpos card and use it to withdraw money from his account. On 21 January you did exactly that. You told the victim that it was your birthday and that you wanted the victim to help the two of you celebrate. He agreed. You all began to drink heavily. You drove the victim to your house; he continued to drink and finally passed out. When he was asleep your co-offender removed the card from the victim’s pockets, the Eftpos card was taken and you and your co-offender then used the Eftpos card to make

61 transactions, withdrawing $19,203.71 from his account. Your co-offender said he made the transactions but it was your idea, Ms Stringer. You said that “Tai” had made the transactions but you had encouraged the offending and used the money. You have previously appeared. You have a history of offending that is limited up until today. I note that in the sentencing indication, I did not put an uplift on it for your past

_offending.

1 R v Fatu [2005] NZCA 278; [2006] 2 NZLR 72 (CA)

2 R v Terewi [1993] 3 NZLR 62 (CA)

[7] In relation to the offending, the using of the card, it was not covered in the sentencing indication. It is serious offending. There is no hope of the victim (either the victim himself or his credit card company) ever receiving reparation from you. A starting point in my view on that offending is two and a half years’ imprisonment. I acknowledge you pleaded guilty immediately. That brings it down to two years. I have regard to totality because it will be added on. In the end I consider an increase in the overall starting point of one year and six months is appropriate. Thus I arrive at an end sentence of four years and 10 months. I am sending you to prison for that period of time. You will stand up please.

[8] On the charging document 1084, the supply of a Class A drug, namely methamphetamine, on that charge you are sent to prison for four years and 10 months. On charging document 1083, you are sent to prison on that charge for a period of four years. On the charge of offering to supply methamphetamine, that being charging documents 1080, 1081 and 1082, on each of those charges you are sent to prison for a period of three years. All those terms run concurrently with the four years and 10 months.

[9] On the charge of selling cannabis, on each of those charges you are sent to prison for one year and six months. On the charges relating to possession of methamphetamine simpliciter, charging document 243, you are sent to prison for two months. On the charge relating to the joint offending that I have just discussed, the use of the credit card, you are sent to prison for one year and three months. On the other using the document that is part of the sentencing indication, you are sent to prison for six months.

[10] On each of the charges of assault laid under the Summary Offences Act 1981, you are sent to prison for three months on each. On the charge of intentional damage you are sent to prison for a period of one month and on the charge of breach of bail, you are sent to prison for one month.

[11] I direct to be sent to the prison with the documentation from this Court, are to be copies of the fact summaries and schedules in relation to each of the charges together with my notes of the sentencing indication of 26 May. Stand down. Thank you.

K J Phillips

District Court Judge