R v Quinton [2018] NZHC 425 (14 March 2018)

Last Updated: 22 May 2018

NOTE: PURSUANT TO S 437A OF THE CHILDREN, YOUNG PERSONS, AND THEIR FAMILIES ACT 1989, THERE IS SUPPRESSION OF THE NAME OF THE YOUNG PERSON AND ANYTHING WHICH MAY IDENTIFY HER IN RELATION TO THESE CHARGES.

IN THE HIGH COURT OF NEW ZEALAND TIMARU REGISTRY I TE KŌTI MATUA O AOTEAROA TE TIHI-Ō-MARU ROHE

CRI-2017-009-000546 [2018] NZHC 425

THE QUEEN

v

CHRISTOPHER ALLAN ESMY QUINTON

Hearing:	14 March 2018
Appearances:	H V Bennett for the Crown A N D Garrett for the Defendant
Judgment:	14 March 2018

SENTENCING NICHOLAS DAVIDSON J

[Mr Quinton is placed before the Court and the charges read]

Sentence today

[1] Mr Quinton please stand.

[2] You appear for sentence today on three cannabis related charges.

(i) First, to Supply of a Class C Controlled Drug;

R v QUINTON [2018] NZHC 425 [14 March 2018]

(ii) Second, Possession of a Cannabis Plant; and

(iii) Third, Possession of a Utensil being a pipe for smoking cannabis.

[3] The circumstances are described in the brief Summary of Facts.

[4] You are a regular habitual user of cannabis and the person whom you supplied was connected with you through your partner at the time.

[5] On the day in question, she sent a text message not to you, but to her mother, and asked if you could to pick her up from a setting, a house, where she felt frightened of what might occur there. You were asked to pick her up and deliver her safely to her mother’s home.

[6] You did not however do that because you interrupted that, having driven to the house, with a conversation about going on a “cruise” and smoking some “weed”.

[7] You bought petrol, and went for a drive, and parked the car where cannabis was smoked, supplied by you.

[8] Later, a search warrant was executed on the vehicle and the plant and the pipe used to consume cannabis were found, which you later admitted.

[9] I have considered the Crown and the defence submissions.

Purposes and principles of sentencing

[10] I am required to apply the purposes and principles of sentencing set out in sections 7 and 8 of the Sentencing Act 2002.

[11] The purposes of sentencing include holding you accountable for harm done to the victim, and to promote a sense of responsibility and an acknowledgement of the harm, to denounce your conduct, and to deter you and others from committing the same offence, and if possible to assist in your rehabilitation.
[12] The principles of sentencing include the least restrictive outcome being imposed on you in the circumstances, consistency in the sentencing, and the seriousness of what you did in comparison with other cases.

[13] The Crown submits there are no aggravating factors in your offending, however, having heard from Ms Bennett and from Mr Garrett, I differ.

[14] You were sent on a mission to help a young woman to come to her family for safety, to be with her mother.

[15] She gave evidence about use of cannabis herself and you, an habitual user, supplied her on this occasion. Then, on your own evidence, you took her to a place and the purpose of your visit was to “case” a property with a view to committing a crime, which you describe as an “earn”.

[16] You thus not only supplied cannabis to a young woman, which is inherent in the charges as Ms Bennett has just submitted, but vulnerable on the night, frightened, you took her with you on a journey what was part of an intended criminal activity. I regard those factors as all aggravating your offending.

[17] You also said you stopped and left her outside a house which you indicated had some sort of gang connection. So, I regard those factors as aggravating.

[18] There are no mitigating factors of the offending.

[19] I agree with the Crown that the case falls within category one of Terewi, which is an authority as to sentencing in this area.¹ And the Crown submits a starting point of four to six months imprisonment is appropriate for the drug offences and concurrent sentences should be imposed.

[20] I regard the aggravation I have described, as warranting a starting point of eight months imprisonment.

¹ R v Terewi [1999] NZCA 92; [1999] 3 NZLR 62.

[21] I have considered whether there are aggravating features personal to you and these potentially include the lengthy set of criminal convictions that you have, and this is just a portion of them: wilful danger, contravening a protection order, possessing an offensive weapon, threatening to kill, assault on a child, possession of a needle/syringe for cannabis (in 2014), driving offences, breach of community work, male assaults female, assault with intent to injure, obstructing and perverting the course of justice, injuring with intent to injure, unlawful sexual connection, sexual violation, burglary, theft, assault, breach of parole, and others earlier in your life. It is a long history Mr Quinton and one you can take no credit for in any respect.

[22] You are a persistent offender over a very long time and it is well time that your offending came to an end and particularly when it involves other people, and particularly when it involves young people.

[23] I must say, it seems a rather shallow hope or expectation of the Court given your persistent, indeed habitual use of drugs and that you were considering committing another crime on the night in question. Further offending will leave you in real jeopardy of significant periods of imprisonment given the history I have just read out to you and which you know.

[24] However, I have come to the view having heard from Ms Bennett and from Mr Garrett that because there is nothing specific in relation to recent drug related activity, I will not, I should not, increase the adjusted starting point for the history of your criminal history.

[25] My conclusion therefore is that you should be sentenced to eight months imprisonment, and that means that from the time you have been in custody from January 2017 to 22 February 2018, you will in effect have served that time. You pleaded guilty only at the trial and I do not consider any discount should be allowed in the circumstances for that.

FORMAL REMARKS

Sentence

[26] I therefore impose concurrent sentences of eight months for the supply of cannabis and six months for the possession of cannabis and utensils.

Suppression

[27] I made an order suppressing the name of the young person of those charges, and anything which may identify her.






..........................................

Nicholas Davidson J

Solicitors:

Gresson Dorman & Co., Timaru Tony Garrett, Barrister, Christchurch