R v Campbell [2019] NZDC 2768 (15 February 2019)

Last Updated: 3 September 2019

IN THE DISTRICT COURT AT PORIRUA I TE KŌTI-Ā-ROHE KI PORIRUA

CRI-2018-091-001840

[2019] NZDC 2768

THE QUEEN

v

MATTHEW GEOFFREY CAMPBELL

Hearing:	15 February 2019
Appearances:	M Shaw for the Crown J Bonifant for the Defendant
Judgment:	15 February 2019

NOTES OF JUDGE JOHN WALKER ON SENTENCING

[1] Mr Campbell, you are for sentence now today having pleaded guilty to a charge of importing a Class A controlled drug, namely LSD. I have set out the summary of what occurred in my sentence indication and I do not need to repeat that today. I incorporate my sentence indication in the sentencing remarks1. [EDITORIAL NOTE: SENTENCE INDICATION NOT ATTACHED].

[2] In that sentence indication I regarded as a starting point a sentence of five years’ imprisonment and was then able to indicate a discount of 25 percent to recognise any plea of guilty that might be entered. I also allowed for the fact that further information may be available at sentencing which might provide further mitigation or reduction in the sentence. That has happened and what I have before

1 Attached to these remarks.

R v MATTHEW GEOFFREY CAMPBELL [2019] NZDC 2768 [15 February 2019]

me now is the full alcohol and other drug assessment and report which I directed. What that tells me is that you have what is often described as a poly drug addiction. The new phraseology is substance use disorder but an addiction, and I note that your family background might well have genetically predisposed you to the risk of addiction.

[3] A number of life events have affected you which led to your increasing drug use and you were able to function as an addict, so you were never really taken to a low level where you might need to re-examine your life. You were able in Australia to get a home and have your own business. Regrettably, because of your previous convictions, once you exited Australia and tried to get back in, the very strict immigration procedures turned you around at the border, leaving your home and business to whatever happened, but you lost that business and returned to New Zealand without the benefit of the work that you had put in. Clearly a distressing life event again which resulted in your returning or continuing with your drug use.

[4] To your credit, you are accepting of the addiction. You are reaching out for help to deal with it, knowing that you cannot do it on your own. Clearly your remand in custody has provided you with an opportunity for more clarity around your life. You will also see around you the effects of other persons who have addiction and dependency. You made enquiries of Moana House, a residential drug treatment unit, to see if you could get in there and you accept that that is not something that can happen immediately because of the sentence of imprisonment that has to be imposed today. But the point of it is that you made those enquiries and were willing to reach out for help.

[5] You have also undertaken preliminary alcohol and other drug treatment while in custody and you should continue to do so. There will be programmes available to you which will put you in a really good position when you are released to be ready for even further treatment to ensure that all of the stresses that happen outside the walls of prison are able to be coped with by you, that will be the test. In some ways, it is easy to remain clean of your addiction while in custody. It is a more difficult matter with all the stresses and influences outside, that is why you need to put yourself in a position to properly deal with them.

[6] The full alcohol and other drug report which I make particular mention of in the sentencing remarks to ensure that full alcohol and other drug assessment and report from Ms Allen, a very experienced alcohol and drug counsellor with experience in psychology and in addiction, dated 11 February 2019 should be known to the Parole Board so that the Parole Board will know the background and your current attitude. Mr Campbell, you need to make sure at your parole hearing that that material is before the Parole Board. You know about it but sometimes the system might not work and the necessary report may not be available. That has been the most influential report. I also have the provision of advice to Courts, a pre-sentence report which does not go into so much detail but is essentially a summary of what Ms Allen has already told me.

[7] I consider that a further reduction from my starting point of five years’ imprisonment is appropriate to reflect your remorse, you sent me a letter today which reinforces that, your understanding of the addiction, your willingness to reach out for help and the particular circumstances that resulted in your being turned back from Australia as an additional stressor for you. I consider that a further reduction from that starting point of six months’ imprisonment to reflect that, that would reduce the starting point before giving you credit for a plea of guilty to one of four and a half years.

[8] Taking a further deduction for your plea of guilty, that would reduce the sentence to one of three years and four months’ imprisonment. Having said that I would give you credit for six months, the way the deduction in percentages work, you would think that that is only a five month reduction on what your indication was and it would be reasonable to have that view, so I am going to reduce the sentence to give effect to my reduction to one of three years and three months’ imprisonment.

[9] So you are convicted today of this offence and sentenced to three years and three months’ imprisonment.

[10] Keep your eye on the rehabilitation and dealing with that dependency. I know it will be hard in prison but that is what your focus has to be if you are to be able to return to the community and make a life for yourself. You are capable of doing that

and you are showing you are capable of doing that but how much better you will be without having to have the burden of the addiction ruling your life. It will always be there, it is a question of how you deal with that addiction.

John Walker District Court Judge