R v Edwards [2017] NZDC 22412 (2 October 2017)

Last Updated: 1 May 2018

EDITORIAL NOTE: CHANGES MADE TO THIS JUDGMENT APPEAR IN [SQUARE BRACKETS].

IN THE DISTRICT COURT AT HAMILTON

CRI-2016-019-003055

[2017] NZDC 22412

THE QUEEN

v

ATUA SANTEL EDWARDS

Hearing:	2 October 2017
Appearances:	J Tarrant for the Crown C Bean for the Defendant
Judgment:	2 October 2017

NOTES OF JUDGE K B F SAUNDERS ON SENTENCING

[1] Mr Edwards, you are for sentence today on three charges; an aggravated robbery, supplying methamphetamine and offering to supply methamphetamine. You pleaded guilty to those charges following a sentence indication by me in July of this year.

[2] The aggravated robbery occurred at the Hillcrest Shopping Centre and you were with two others. You drove to the centre, you were all disguised and you were the one who entered [the victim video store]. You had with you a firearm and demanded money from the victim. As I said in my sentence indication notes, in the end, all you managed to obtain was $260 in cash so you are going to prison for a substantial period of time for that offence.

R v ATUA SANTEL EDWARDS [2017] NZDC 22412 [2 October 2017]

[3] After your arrest, the production order data that was analysed from your mobile phone revealed the methamphetamine offending. One of your co-defendants was also charged with methamphetamine offending. The scale of the offending is that between 5 September and 8 October 2015, you sold 6.4 grams of methamphetamine and during the same period, you further offered to sell 1.5 ounces and 4.1 grams of methamphetamine. You also, according to the summary, personally tried to source a further 8.25 grams of methamphetamine.

[4] The sentence indication, Mr Edwards, proceeded on the basis that there was no reason for disparity between you and your co-defendants in respect of the charge of aggravated robbery. I can tell you now I do intend to sentence you in accordance with my sentence indication. The starting point for the robbery was four years’ imprisonment. I adopt that now and I do give an uplift of six months for your previous offending.

[5] You are no stranger to sentences of imprisonment, Mr Edwards, and I just pause to acknowledge the letter you have written to me today. Ultimately, I am not going to tell you anything you do not know but the only person that can make the changes is you. Whether at 35 years of age you finally decided that enough is enough and you want to see your children growing up, that really is entirely a matter for you, but I do commend you and I see no reason why I ought not to, and are genuinely motivated to change.

[6] It is going to be a period that will not be easy for you, but if indeed you are sincere and motivated, in the end, you yourself can stop this offending. I do not need to give you any more of a lecture Mr Edwards, but it is important that I acknowledge that.

[7] So having done that, in respect of the aggravated robbery, I adopt a discount of 15 percent for your guilty plea as indicated. Now that takes me to a sentence of three years and 10 months’ imprisonment on that. I accepted and still do today, that band 2 of R v Fatu1 applied for your methamphetamine offending. I adopt the same starting point of four years and three months’ imprisonment with your guilty plea attracting an

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

end sentence of three years and seven months’ imprisonment on those two charges. An adjustment for totality came to an indication of an end sentence of imprisonment for five years and five months.

[8] Mr Edwards, while I do acknowledge, as I have said, your letter and I accept your comments as sincere and I do wish you all the best in your endeavours, I do not give you any further discount for that but please rest assured it did not fall on deaf ears.

[9] But your overall offending, Mr Edwards, is simply too serious to warrant any further reduction. You have a previous conviction for aggravated robbery in 2010 and your possession of methamphetamine goes back nearly 11 years so essentially you have got a history of drug offending and dishonesty. The two go hand-in-hand. It is up to you to put an end to that. So the end sentence in respect of the three charges, Mr Edwards, is imprisonment as I indicated to you in July, for five years and five months.

K B F Saunders District Court Judge