R v Laurenson HC Wellington CRI 2011-085-1797 [2011] NZHC 1376 (17 August 2011)

Last Updated: 6 November 2011

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

_{CRI 2011-085-1797}

THE QUEEN

v

TIMOTHY LAURENSON

Hearing: 17 August 2011

Counsel: S Barr for Crown

V Nisbett for Prisoner

Judgment: 17 August 2011

_{SENTENCE OF RONALD YOUNG J}

[1] Mr Laurenson, you have pleaded guilty and are now for sentence on a number of charges. There appears to be some concern about the circumstances under which you were convicted in the District Court. To avoid any difficulty, therefore, I formally convict you of the following charges for which you are now for sentence:

(a) participating in organised criminal group;

(b) eight charges of offering to supply methamphetamine; (c) supplying methamphetamine;

_{(d) conspiracy to supply cannabis;}

R V TIMOTHY LAURENSON HC WN CRI 2011-085-1797 17 August 2011

(e) conspiracy to defeat the course of justice;

(f) two charges of demanding with menaces; and

(g) money laundering.

Organised Criminal Group

[2] The facts of each of the series of crimes can be summarised in this way. In August 2010 the Police began investigating the supply of methamphetamine by members of the Nomad Gang. The organised criminal group is, the Crown alleged, led by another man. Its principle purpose was to make a profit from criminal enterprises particularly drugs. Your job was as the right hand man of the person leading the criminal organisation. You were to carry out all the tasks given to you. That involved the day to day operation of the business including the distribution of drugs and the collection of money. During the period covered by the charges the group you were involved in was involved in large scale methamphetamine and cannabis dealing and also traded in stolen property. You benefited from this involvement through the supply of accommodation, food, vehicles and spending money.

Supplying and offering to supply methamphetamine

[3] As to the supplying methamphetamine you agreed to supply methamphetamine over a period of nine months during 2009 and 2010 as part of this gang’s activity. During this time for a short period you were in prison. You were released in October 2010 and immediately resumed your methamphetamine dealing with others. The group you were involved in was supplying approximately two ounces of methamphetamine a week, up to $100,000 or more a month and you were party to that supply. Discounting the time when you were imprisoned it would have involved up to $1.1 million.

[4] Your particular involvement was travelling to purchase bulk amounts of methamphetamine. The methamphetamine would then be cut for sale. You would hide the methamphetamine at various locations around Wellington and assist in selling it to lower level dealers. On the eight occasions on which you had been specifically charged those are from mid November to December 2010. They involve a series of supplies to individuals typically involving $100 to $200 bags of methamphetamine.

Conspiracy to obstruct justice

[5] In December 2010 you and two others were involved in a serious assault on a

52 year old man. You and the other man were arrested. The Police advised that they were looking for a particular third man. You indicated to the Police that you would co-operate with them and bring the third man to the Police. In fact you hid him providing him with accommodation, transport, money and advice. The Police intercepted a number of communications between you and this person making arrangements for this person to be hidden from the Police.

Conspiracy to supply cannabis

[6] During December 2010 you along with a number of others were involved in conspiring to sell cannabis. You would collect cannabis from others take it back to Wellington for it to be resold in smaller units. I note two co-accused were given sentence indication of two years’ imprisonment for this offending.

Money laundering

[7] Between July 2009 and February 2011 you were receiving a benefit of approximately $7,000 per annum from the State. During this time you had no employment. You were, however, able to move considerable amounts of cash through your bank account. You made significant cash purchases for vehicles and you were involved with renovations to property for which cash was used. You facilitated the transfer of money although the Crown accept you did not personally

gain from these transactions. The amounts involved were several hundreds of thousands of dollars.

Demanding with menaces

[8] The victim in this case built a motor cycle for one of your co-offenders. You and the other offenders approached the victim wearing gang patches and complaining that the bike was faulty and that you would assault him. You and the other offenders demanded the victim come up with a plan as to what he could do for you. The victim offered $5,000. You suggested in addition that you would take motorcycle parts worth a further $14,000. Eventually the motorcycle parts were taken. I have read and take into account in sentencing the victim impact report particularly with regard to this offending.

Personal circumstances and submissions

[9] Turning now to your personal circumstances you have 86 previous convictions going back to 1994. You have previous convictions for supplying methamphetamine and possession of methamphetamine in 2010. You have a number of violence convictions, many for driving offences and other drug convictions. You have really been before the Courts constantly since 1994.

[10] The pre-sentence report notes that you are 34 years of age, unemployed and have belonged to the Nomad Gang. They say that you have been involved in dealing drugs for most of your adult life although you seem to have profited little personally. The pre-sentence report says that you are determined to leave the gang scene and that you have now left that gang and you are looking for a total change in your life.

[11] As far as the Crown submissions are concerned they say that an overall starting point is in the range of 15 to 17 years’ imprisonment. They say this is based on your substantial involvement in the supply of methamphetamine. Further, there are other serious drug charges involving cannabis and money laundering and violent threats. They say that the drug dealing involved others in an organised criminal way and is an aggravating factor. Although they accept the conspiracy to defeat the

course of justice and demanding with menaces involved distinct criminality, they say, it should be treated as part of your conduct as being part of the organised criminal group.

[12] I take into account the submissions both written and oral by your counsel. He stresses your commitment to make the substantial change away from the gang. He says the proper starting point here should be in the range of 12 to 13 years’ imprisonment before appropriate discounts.

Discussion

[13] This is extremely serious offending involving lawlessness on a broad scale, drugs, money laundering, participating in a criminal gang and violent aggressive behaviour. And it comes all with a life-time of similar conduct.

[14] The methamphetamine offending spanned 11 months and during that period you accepted that you had participated in the supply of somewhere near two and a half kilograms of methamphetamine. While you may not have been the main person involved in these events you were certainly at the centre of this operation.

[15] As far as the cannabis offending is concerned it is difficult to know exactly how much was involved but there were clearly substantial purchases and sales.

[16] As to the money laundering this was part of your drug dealing and is an aggravating feature of the drug dealing. As I have said the best estimate is that you participated in laundering several hundreds of thousands of dollars.

[17] As the Crown say the conspiring to defeat the course of justice and demanding with menaces are somewhat different. But they are, obviously, an integral part of the gang life that you led. You made a concerted effort to hide someone you knew was wanted by the Police and the demanding with menaces involved aggressive stand over tactics relating to a person who had apparently provided a substantial service to those in your gang. That offending has had a marked effect on that victim and his family.

[18] I agree with the Crown approach to sentencing that the lead offence should be the methamphetamine offending being the charge of supplying and eight charges of offering to supply. The other charges should be seen as aggravating.

[19] As far as the methamphetamine offending by itself, in my view, justifies a start sentence of 13 to 14 years’ imprisonment. Significant uplifts are then justified for the other offending given the broad range of criminality involved. The methamphetamine dealing, as I have said, was on a substantial scale involving over two and half kilograms of methamphetamine. It involved as part of the offending your involvement in the criminal gang and money laundering and there was the sale of other drugs and the other charges.

[20] Given the other offending the lowest possible starting point, in my view, for all the offending is 15 years’ imprisonment. There are, in my view, two uplifts from that starting point justified. Firstly, an uplift given you have serious similar convictions and secondly, an uplift because you were subject to parole for similar offending at the time of this offending. To a degree of course they merge. I consider a 12 month uplift is justified for these factors.

[21] I take, therefore, the starting sentence at 16 years’ imprisonment. The Crown

accept that you pleaded guilty at the first reasonable opportunity and the fullest

25 per cent deduction should be given. Other factors convince me by agreement with the Crown that a further discount is appropriate. With that discount I reach a final sentence, overall, of six years and five months’ imprisonment.

[22] In your case ordinarily a minimum period of imprisonment would be appropriate taking into account the range of offending, your past serious offending and the fact that you were on parole. Because of reasons related to the discount given, I am satisfied that this is not an occasion where I should set a minimum period of imprisonment.

[23] I, therefore, sentence you formally in this way:

(a) participating in an organised criminal group – two years’

imprisonment;

(b) offering to supply methamphetamine and the supply of methamphetamine (all nine charges) – six years and five months’ imprisonment;

(c) conspiracy to supply cannabis – two years’ imprisonment;

(d) conspiracy to defeat the course of justice – two years’ imprisonment;

(e) the two charges of demanding with menaces– three years’

imprisonment each; and

(f) money laundering – three years’ imprisonment.

[24] All sentences to be concurrent. The final sentence six years and five months’

_{imprisonment.}

_{Ronald Young J}

Solicitors:

S Barr, Wellington

V Nisbet, Wellington