R v Tihi HC Rotorua CRI-2009-070-1557 [2011] NZHC 176 (3 March 2011)

Last Updated: 28 May 2011

IN THE HIGH COURT OF NEW ZEALAND ROTORUA REGISTRY

_{CRI-2009-070-1557}

THE QUEEN

v

STEPHEN TIPENE TIHI

Counsel: S E Simmers for Crown

A C Balme for Prisoner

Judgment: 3 March 2011

_{SENTENCING NOTES OF BREWER J}

SOLICITORS

Ronayne Hollister-Jones Lellman (Tauranga) for Crown

AC Balme (Tauranga) for Prisoner

[1] Mr Tihi, I am sentencing you today on charges under the Misuse of Drugs

Act to which you have pleaded guilty. Your offending was detected as a result of a large scale police operation called Operation Burd which took place in 2008 in the

R V TIHI HC ROT CRI-2009-070-1557 3 March 2011

Tauranga area. Intercepted telephone and text communications revealed your involvement in methamphetamine supply. Eight other offenders have already been sentenced in relation to that operation and what happened to them will largely dictate what happens to you.

[2] You have pleaded guilty to one charge of offering to supply methamphetamine, which carries a maximum penalty of life imprisonment. This was in relation to a text message conversation you had with Mr Tawhiri on 8 April

2009 in which you agreed to supply him 0.7 to 1.0 grams of methamphetamine.

[3] The legislation sets out principles and purposes of sentencing which I have to take into account. They include the need to denounce your offending and to hold you accountable to the community. I have to take into account the gravity of the offending, the degree of your culpability and, as I said, I have to look at the sentences that were imposed on your fellow offenders. Finally, I have to look to your reintegration into the community.

[4] The Crown has submitted that a starting point in the region of two years imprisonment is appropriate. The level of your offending is consistent with a starting point at the lower end of the case which sets out the range of penalties appropriate for this sort of offending,1 and your offending is consistent with a starting point at the lower end of band one of that case. I agree that your offending is less serious than that of your co-offender, Mr Fraser, and on top of that you should

receive a modest discount for your guilty plea.

[5] Mr Balme recognises that in these cases there is a set tariff range and he submits that a starting point of 18 months to two years imprisonment is appropriate, and he seeks a final sentence of home detention.

[6] Mr Tihi, I am not going to preach to you about the evils of drugs in the community. I have read your pre-sentence report. It shows you had a difficult upbringing and you became involved in the Ruatoki chapter of the Mongrel Mob. It

_{is to your credit that you state that you handed in your patch three years ago because}

1 R v Fatu [2006] 2 NZLR 72 (CA).

your whanau are more important to you than the gang. I accept that you moved to Tauranga to get away from your former associates but, of course, you have been caught up with it again and at your age and with your experience you know what the score is and you know what is likely to be the outcome.

[7] I agree with the Crown submission that a starting point of two years imprisonment is where I should start, and that is the point I adopt. You have a total of 19 previous convictions, although none are for methamphetamine related offending. I am not going to impose any uplift for your previous record.

[8] The pre-sentence report says that you are “gutted” at the situation you have put your family in and are remorseful for your actions, and you say that you are interested in taking rehabilitative measures. Mr Tihi, I hope that is right. But words are cheap and what is going to happen from now on is going to be in your hands.

[9] You are entitled to a credit for your guilty plea. It was entered at your second arraignment, three days before your trial was scheduled to begin. I take into account the submissions of Mr Balme about the s 347 negotiations, but I note also that there was a strong case against you. I can give you a modest discount but it is not going to be a great deal.

[10] Accordingly, from a starting point of two years, I discount that by two months and I reach an end point of 22 months.

[11] That brings me to home detention. I am satisfied that in your case a sentence of home detention would be a suitable sentence. I do not say that with any degree of optimism, Mr Tihi. I am going to grant you home detention to the address which is in the report. You are a mature man and you will decide whether you keep to the terms of the home detention or whether you do not, in which case you will be back here and you will be spending the rest of the sentence in custody.

[12] The end sentence is one of 11 months home detention. To the extent that these are special conditions in addition to the standard conditions, I direct that:

(1) You are to travel directly to 14 Bridge Street, Edgecumbe. There you are to await the arrival of a security guard and probation officer;

(2) You are not to use or take illicit drugs, nor to use or take alcohol during the course of the home detention period;

(3) You are to report as directed to the probation officer;

(4) You are to undertake a Tikanga Maori course as directed by the probation officer;

(5) You are to attend any alcohol and other drug assessments as directed by the probation officer.

_{[13] Stand down.}

Brewer J