R v Spalding [2012] NZHC 1983 (8 August 2012)

Last Updated: 17 August 2012

IN THE HIGH COURT OF NEW ZEALAND PALMERSTON NORTH REGISTRY

CRI-2012-054-614 [2012] NZHC 1983

QUEEN

v

DANIEL PETER SPALDING

Hearing: 8 August 2012

Counsel: P L Murray for Crown

J Younger for Prisoner

Sentencing: 8 August 2012

_{SENTENCING NOTES OF MILLER J}

[1] Mr Spalding, you appear for sentence on one charge of possessing cannabis for supply.

[2] A search warrant was executed at your home on Thursday, 1 March 2012. The police found 150 grams of cannabis, some of it in $20 bags, a tick list, electronic scales and $490 in cash. Also found was drug paraphernalia. You admitted that the cannabis was yours and you were selling it. Text messages confirm that.

[3] You appeared for sentence in the District Court on 28 June. The Judge indicated that he would have sentenced you to nine months home detention with a lengthy sentence of community work. But that was based on an end sentence of imprisonment of one year and six months, which exceeds the District Court

_{jurisdiction on a summarily laid charge. That would create a difficulty should the}

R v SPALDING HC PMN CRI-2012-054-614 [8 August 2012]

home detention address fall over or should you breach your sentence, because you would then need to be resentenced.

[4] The Crown had urged the Judge to impose a sentence of imprisonment. It is now prepared to accept the Judge’s view that home detention is within the available bounds.

[5] I must approach the matter afresh, but as it happens I agree with the sentence which the Judge proposed to impose upon you. Although you were dealing the quantity was small. You have previous convictions, principally for dishonesty, but they were recorded between 1993 and 1994 for the most part. Since 1994 you have had only one conviction, for excess breath alcohol. You pleaded guilty early in this case, and you have displayed some insight into your offending. You were weight listed for treatment at MASH, an alcohol and drug counselling service and I am told that you have just started that course which you will be required to complete because it will be a condition of your sentence. The probation officer recommended home detention, noting that should you be imprisoned you will lose your employment, on which your family depends. I am told that your employer will co-operate by allowing a monitor to be set up in the workplace.

[6] Mr Spalding, your sentence accordingly is nine months home detention together with 200 hours community work which I fix having regard to the nature of your employment. The conditions of the sentence are set out in the pre-sentence report, that is: you are to travel at once to 751 Tremaine Avenue, and there await for the arrival of a probation officer and a representative of the monitoring company; you are to reside at that address for the duration of home detention; you are to abstain from the consumption and/or possession of illicit drugs; and you are to attend alcohol and drug assessment and complete such counselling or treatment as is recommended in the assessment to the satisfaction of the probation officer and the programme provider.

[7] There will be an order for forfeiture of the items seized by the Crown and that includes the $490. It has been suggested today that may not have been the proceeds

of drug dealing, but it was found in such close proximity to the cannabis that I accept it is prima facie proceeds.

[8] You may stand down.

Miller J

Solicitors

Crown Solicitor’s Office, Palmerston North for Crown

Square legal Chambers, Palmerston North for Prisoner