R v Housham [2016] NZHC 1652 (20 July 2016)

High Court of New Zealand

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R v Housham [2016] NZHC 1652 (20 July 2016)

Last Updated: 29 July 2016

IN THE HIGH COURT OF NEW ZEALAND WHANGAREI REGISTRY

CRI-2015-088-003515 [2016] NZHC 1652

THE QUEEN

v

_{PHILLIP BRUCE HOUSHAM}

Hearing:	20 July 2016
Appearances:	C A Anderson for Crown D J Sayes for Prisoner
Judgment:	20 July 2016

_{SENTENCING NOTES OF GILBERT J}

Solicitors:

Marsden Woods Inskip, Whangarei

D J Sayes, Barrister, Whangarei

R v HOUSHAM [2016] NZHC 1652 [20 July 2016]

Introduction

[1] Mr Housham, you appear for sentence today having accepted a sentence indication and having pleaded guilty to the following 28 charges:

(a) Supplying methamphetamine (x 12).¹

(b) Possessing methamphetamine for the purposes of supply (x 3).²

(c) Offering to supply methamphetamine (x 4).³

(d) Conspiring to supply methamphetamine (x 1).⁴

(e) Participating in an organised criminal group (x 1).⁵

(f) Offering to supply cannabis resin (x 3).⁶

(g) Offering to supply cannabis (x 3).⁷

(h) Possessing cannabis for the purposes of supply (x 1).⁸

Facts

[2] Your offending came to light as a result of Operation Atlas. This operation was an offshoot of a wider police investigation into the source of methamphetamine supply in the greater Northland area. The primary focus of the operation was on members of the Head Hunters Motorcycle gang and their associates who were identified as being responsible for the manufacture and distribution of

_{methamphetamine (the syndicate).}

¹ _{Misuse of Drugs Act 1975, ss 6(1)(c) and 6(2). Maximum penalty life imprisonment.}

² _{Misuse of Drugs Act, ss 6(1)(f) and 6(2). Maximum penalty life imprisonment.}

³ _{Misuse of Drugs Act, ss 6(1)(c) and 6(2)(a). Maximum penalty life imprisonment.}

⁴ _{Misuse of Drugs Act, ss 6(2A). Maximum penalty 14 years’ imprisonment.}

⁵ _{Crimes Act 1961, s 98A. Maximum penalty 10 years’ imprisonment.}

⁶ _{Misuse of Drugs Act, ss 6(1)(c) and 6(2)(a). Maximum 10 years’ imprisonment.}

⁷ _{Misuse of Drugs Act, ss 6(1)(c) and 6(2)(a). Maximum eight years’ imprisonment.}

⁸ Misuse of Drugs Act, ss 6(1)(f) and 6(2)(a). Maximum eight years’ imprisonment.

[3] As a result of the interception of conversations and text messages, you were identified as an associate of the gang whose primary role was to sell methamphetamine at street level for the syndicate. After selling the methamphetamine, you were required to turn over the proceeds of sale to senior members of the gang. You received payment for the sales but you were at the mercy of the gang and only received payment after you had settled your debt to the syndicate.

[4] The methamphetamine charges cover the period from 11 November 2015 to

12 December 2015. During this period, it is estimated that you supplied, offered to supply, or were in possession for the purposes of supply, of a total of approximately

36 grams of methamphetamine.

[5] The cannabis and cannabis resin charges cover the period from

27 October 2015 to 4 December 2015. The quantities are not stated but the summary of facts indicates that these were comparatively small scale deals involving payments of $20, $50 or $100.

Starting point

[6] The lead offending relates to the methamphetamine charges. It is common ground that your offending on these charges falls towards the lower end of band 2 of R v Fatu which is the Court of Appeal guideline decision for this type of offending. ⁹

Sentences of three to nine years’ imprisonment are indicated for offending in band 2.

[7] Mr Sayes submits that the appropriate starting point in your case is four to four and a half years’ imprisonment, and the Crown agrees. Having reviewed the comparable cases, I am satisfied that a starting point in this range is appropriate in your case. I adopt a starting point of four years and three months’ imprisonment taking into account that you were well down the chain, dealing at street level to

_{sustain your drug addiction, and you were apparently in thrall to those higher up.}

⁹ R v Fatu [2005] NZCA 278; [2006] 2 NZLR 72 (CA).

Uplift for other offending

[8] Mr Sayes submits that no uplift should be imposed for the other drug offending. By contrast, the Crown submits that an uplift of six to nine months’ imprisonment is required to reflect this other offending. I consider that some uplift is necessary. However, taking into account the comparatively small sums involved, an uplift of four months’ imprisonment would be sufficient.

[9] I do not consider that a separate uplift is required in relation to your participating in an organised criminal group. In your case, this is part and parcel of your drug-related offending and is reflected in the overall starting point I adopt of four years and seven months’ imprisonment.

Personal mitigating factors

[10] There do not appear to be any personal mitigating factors that could justify a further discount other than your guilty pleas.

[11] I have read the pre-sentence report. The report writer notes that you were candid about your extensive history with illicit drugs. You stated that you have used and sold cannabis all your life. You are now 51 years of age. You suffered a back injury at the age of 25 and have self-medicated by using cannabis on a daily basis. You developed a reputation in the Ruakaka area for selling cannabis and this escalated to the point where you were engaged with the Head Hunters and began using methamphetamine regularly in the year prior to your arrest. You say that your involvement with the Head Hunters was coerced and that once you began selling drugs on their behalf, you were unable to leave.

[12] You have told the probation officer that you have no intention of returning to the use of methamphetamine but you do intend to persist using cannabis. The report writer expresses concern that in these circumstances you are likely to return to an environment where your drug use will again escalate and result in re-offending.

[13] This is the fifth time you have been before the Court for sentence on drug related offending since 2005. The probation officer reports that offending-related factors in your case include your self-entitled attitude, drug use and anti-social associates. However, because of the non-violent nature of your current and prior offending, you are assessed as having a low likelihood of causing harm to others. By contrast, because of your repeated minimisation of your involvement with drugs, your past and present offending and your association with affiliated gang members, the probation officer assesses you as having a high likelihood of re-offending.

[14] There are some positives I should mention. You have raised three children who are all successful and law-abiding members of our community. You are non- violent. You describe yourself as a man of peace. I accept that your early guilty plea reflects your preparedness to take responsibility for your offending. Given the wider circumstances, the fact that you have pleaded guilty at such an early stage will have required courage on your part and will have come at some cost. Also to your credit, you have participated in a drug and alcohol awareness programme and completed an anger management programme.

Discount for guilty pleas

[15] It is agreed that you are entitled to the maximum permissible discount of

25 per cent for your guilty pleas. Having heard from Mr Sayes this morning I accept that your guilty pleas were entered at the earliest reasonable opportunity.

Sentence

[16] Mr Housham, would you please stand. On each of the methamphetamine charges, that is supplying, possessing, offering to supply, conspiring to supply methamphetamine, I sentence you to a term of imprisonment of three years and five months.

[17] On the cannabis charges, that is offering to supply cannabis resin, offering to supply cannabis and possession of cannabis for the purposes of supply, I sentence you to 18 months’ imprisonment.

[18] On the charge of participating in an organised criminal group, I sentence you

to six months’ imprisonment.

[19] All of these sentences are to be served concurrently. That means that your

effective end sentence is one of three years and five months’ imprisonment.

_{[20] Please stand down.}

M A Gilbert J