R v Chapman

[2013] NZHC 2646

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

CRI-2012-009-011873 [2013] NZHC 2646

REGINA

v

WAATA ROBERT JOHN HENRY CHAPMAN

Hearing:	10 October 2013
Appearances:	S J Jamieson for Crown A Bailey for Defendant
Judgment:	10 October 2013

SENTENCING OF FOGARTY J

[1]      Waata Robert John Chapman, you appear for sentence having pleaded guilty on the first day of  your trial, which was on blackmail charges, to an amended indictment  which  removed the blackmail  charges  and  substituted them  with  the lesser offence of demanding with menaces.   You pleaded guilty to the following counts:  three counts of demanding with menaces, one count of assault, one count of assault with intent to injure, and there was added a count of possession of a Class B controlled drug, morphine sulphate, for supply or offering to supply.

[2]      The context of the case was that you and the victim had known each other for about 6 years.  The victim had given evidence in a trial against you, which resulted in you going to prison.  On release, you had come out of prison and started making demands on the defendant to pay you $50 a week out of each of his payments as a beneficiary.  This demand was made with threats of violence if he did not pay. When

you learned that from time to time the father of the victim helped the victim to make

R v CHAPMAN  [2013] NZHC 2646 [10 October 2013]

ends meet by providing some additional money, you also sought to collect money from that source. This went on for some time.

[3]      There was some discussion in the trial as to whether or not the victim was also a drug user, and you might have been supplying drugs to him. There might have been some debt in that regard.   That brought to light the possession by you of morphine sulphate for supply.

[4]      You did offer, through your counsel, a week before trial, to plead guilty if the blackmail charges were dropped and substituted with demanding with menaces. And after the morning of the trial, the Crown agreed to that and you immediately pleaded guilty.

[5]      This offending had a serious impact on your victim throughout the whole process.  He took very seriously your threats of violence against him if he did not pay.  And as I have already noted, you have pleaded guilty to two assaults.  Those threats were real, and on two occasions you carried them out.  It is not overstating it to say the victim was in your thrall.  In other words, the victim simply had no option but to agree to your demands.  It is not an issue to go into the details as to how you got the money, but sometimes he had to give you his card.  You knew to the day when money would go into his account.

[6]      Although the charges are spread out, as to three charges of demanding with menaces and two assaults, really it was one sustained period of criminal behaviour.

[7]      The submissions I have received from the Crown and the defence rely on similar cases, and  are not significantly apart.   I am satisfied  from the Crown’s submissions that the starting point for the demanding with menaces charges and associated assaults should be 3 years.

[8]      Your counsel, Mr Bailey, has argued for keeping the morphine charge within that limit of 3 years.  The morphine charge has to be kept separate.  It is a significant charge in its own right and under the usual principles has to be treated cumulatively. It is slightly different from the other charges in as soon as it was laid you pleaded

guilty straightaway, which entitles you under the normal law applying to an immediate discount of 20 to 25%.  Sorry, the starting point for the controlled drug offending, before taking into account the plea of guilty, I am told by the Crown would be in the order of 15 to 18 months.

[9]      The totality principle applies however.  I need to bring in a sentence which overall is an appropriately just sentence.   And I do it on this basis, that for the demanding with menaces and related assaults offending, I start with 3 years and have an uplift of 6 months for your previous offending, which is significant, but does not need to be dealt with in detail in this judgment.  I would allow a discount of 15% for the plea of guilty; not the full amount, because it came late.   Had you offered to plead guilty right from the start, provided the charges were reduced to demanding with menaces, you would have been entitled to a higher one.   That produces a sentence of 3 years for the demanding with menaces and assaults.  Then I need to address the controlled drug offending, but taking into account the totality principle, and I have decided to accept the Crown’s submission that overall that should be an additional 6 months.

[10]     So you are sentenced to 3 years and 6 months, which will be allocated, 1 year to each charge of demanding with menaces, cumulative on the other.   The assault charges, the two assault charges are each 3 months concurrent, and the possession of the Class B controlled charge is 6 months cumulative.   A total of 3 years and 6 months.

[11]     There is a reparation order of $1,440.

Solicitors:

Raymond Donnelly & Co, Christchurch

A Bailey, Christchurch