R v WILLIAMS [2017] NZHC 1592

R v WILLIAMS [2017] NZHC 1592

Given the offending (possession of caustic soda with intent to use in manufacture, possession of GBL and other drug and driving offences), the appropriate starting point and uplifts produced a nominal sentence that justified home detention because the offending was serious but not of a kind to preclude home...

Source-derived case information.

Citation
[2017] NZHC 1592
Parties
Crown: The Queen; Prisoner: Adrienne Natalie Williams
Court
High Court
Jurisdiction
New Zealand
Judgment Date
11 July 2017
Procedural Posture
Criminal Sentencing / Sentencing Hearing (high Court, Auckland)
Outcome
Convicted and sentenced to a total of six months' home detention (served at Odyssey House; two months for balance of charges, six months overall), vehicle confiscated and indefinite driving disqualification.
Legal Topics
Possession for Manufacture, GBL Possession, Methamphetamine Possession, Receiving Stolen Property, Driving Under the Influence, Home Detention, Sentencing Discounts, Rehabilitation
Criminal Law Drugs Law Road Traffic Law Sentencing Possession for Manufacture GBL Possession Methamphetamine Possession Receiving Stolen Property +4 more

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Parties

The Queen

Crown

Adrienne Natalie Williams

Prisoner

Procedural Posture

Criminal Sentencing / Sentencing Hearing (high Court, Auckland)

Legal Issues

  1. 1 Appropriate starting point for possession of precursor chemicals with intent to manufacture methamphetamine
  2. 2 Whether to uplift sentence for possession of GBL
  3. 3 Appropriate global uplift for subsequent offending committed on bail

Ratio Decidendi

Given the offending (possession of caustic soda with intent to use in manufacture, possession of GBL and other drug and driving offences), the appropriate starting point and uplifts produced a nominal sentence that justified home detention because the offending was serious but not of a kind to preclude home detention, rehabilitation at Odyssey House was immediately available and likely to reduce reoffending, and credit for pre‑sentence custody and a 17% plea discount were applied.

Court Disposition

Convicted and sentenced to a total of six months' home detention (served at Odyssey House; two months for balance of charges, six months overall), vehicle confiscated and indefinite driving disqualification.

Orders

  • Six months' home detention to be served at Odyssey House, 56 Bollard Avenue, Avondale; if the programme concludes before sentence expiry the defendant must apply to amend the sentence address
  • Home detention of two months imposed in relation to the balance of charges (to run as part of the overall home detention sentence)