IN THE HIGH COURT OF NEW ZEALAND NEW PLYMOUTH REGISTRY

CRI 2011-043-2338 [2013] NZHC 150

THE QUEEN

v

ATAMU LEE MANUEL

Hearing:	11 February 2011

Appearances: N L Elliott for Crown
R Wilson for Manuel

Judgment:	11 February 2013

SENTENCING REMARKS OF ALLAN J

Solicitors:
Crown Solicitor New Plymouth
R Wilson New Plymouth

R V MANUEL HC NWP CRI 2011-043-2338 [11 February 2013]

[1]       Mr Manuel, you appear for sentence this morning having pleaded guilty to one  charge  of  supplying  the  Class  C  controlled  drug  Ecstasy,  for  which  the maximum penalty is eight years imprisonment.

Factual background

[2]       You were apprehended by the police as part of an extensive investigation into the sale and supply of illegal drugs in the New Plymouth area, and more broadly, the activities  of  a  newly  formed  Taranaki  chapter  of  the  Rebels  Gang  and  their associates.   As part of  their inquiries, police obtained access to substantial text evidence that  established  a relationship  between  you  and  Mr Nathan  Couper,  a member of the Rebels Gang.

[3]       The offending occurred in July and August 2011.   At this time, Class C varieties of Ecstasy were more readily available than were Class A and B tablets. The tablets themselves come in many colours, and are commonly stamped with a logo of some description.

[4]       Between 4 July and 13 August 2011, there were numerous communications between you and Mr Couper.   They included personal meetings, telephone conversations and text messages, all relating to the sale and supply of Ecstasy.  Most communications were by text message.  You were careful not to use drug terms or names in the messages.  Ecstasy was generally referred to as “any”.

[5]       On 4 July, you and Mr Couper agreed by text message to meet outside your house so you could supply him with a stipulated type of Ecstasy tablet.  The quantity was not specified in the messages.

[6]       On 14 July, Mr Couper sought further tablets and you arranged to meet with him in 10 minutes at a night club where you worked.  On that occasion, it seems that Mr Couper was seeking five tablets.

[7]       On 7 August, Mr Couper asked you to supply ten Ecstasy pills for $40 each. You said that you could not provide them at a discounted rate because it was the end of your load and so the usual price had to apply.

[8]       On  8  August,  Mr  Couper  asked  you  for  two  “greens”.    There  was  an arrangement to meet outside your house.   The police, having intercepted these communications, observed you to meet with Mr Couper, and spend some five to ten minutes with him in his car.  On that occasion you had said you had something you did not normally have, but Mr Couper indicated that he still wanted the tablets.

[9]       A search warrant was executed in respect of your phone between 18 August and 1 September 2011, when a number of communications were intercepted.  As a result the police obtained evidence that you were dealing in Ecstasy tablets with a number of people, generally at $60 a tablet.  You refused to allow a discount when asked by some of these purchasers.

[10]     Generally, your customers would meet you at your home, although at an earlier stage you met some of them at your work.

[11]     On 1 September 2011, a search warrant was executed at your home.   The police found a notebook containing a tick list and receipts with the term “tick list” written on them.   They also found two snaplock bags with powder remnants, a methamphetamine pipe,  your mobile phone and $3,940 in cash, some in $1000 bundles.

[12]     In a recorded statement, you admitted to the police selling Ecstasy from May

2011 up until a couple of weeks or so prior to your arrest.  You estimated on average you had been selling 30 Ecstasy tablets a week, but you would not provide details of customers or of your sales procedures.

Personal circumstances

[13]     You are 25 years old and of Maori ethnicity.  You board with your family at

Waitara, and plan to stay there long term, regardless of the outcome of today’s

hearing.    You  say  your  father  is  particularly  supportive  and  is  providing  some stability in your life.   You have a limited record of previous offending, which is confined to minor driving matters and I put it to one side for present purposes.

[14]     In accepting the offending, you told the probation officer that it was part of the social scene. You enjoyed the fun and popularity which went with your ability to supply Ecstasy tablets and you liked the fact that you were sought out by others.

[15]     There is a background of alcohol and drug abuse to this offending.   You accept that, and have indicated a willingness to participate in counselling.   The probation officer considered you to be somewhat introverted and more likely to benefit more from one on one counselling than group programmes.  You are said to be motivated to address your drug use in particular.

[16]     You suffer from a congenital medical condition and I will come back to that shortly,.

Sentencing principles

[17]     I have taken into account the various purposes and principles set out in ss 7 and 8 of the Sentencing Act 2002.  I must fix a starting point and then adjust it by reference to aggravating and mitigating factors, first relating to the offending itself and then by reference to personal issues affecting you.

[18]     There is no tariff or guideline case for the supply of Class C Ecstasy.  In R v Day,