R v Vaitaiki

Case [2018] NSWDC 462


District Court


New South Wales

  • Amendment notes
Medium Neutral Citation: R v Vaitaiki [2018] NSWDC 462
Hearing dates: 28 November 2018
Date of orders: 28 November 2018
Decision date: 28 November 2018
Jurisdiction:Criminal
Before: M L Williams SC DCJ
Decision:

Aggregate term of imprisonment of 2 years, 3 months with a non-parole period of 1 year, 6 months: at [17]

Catchwords: SENTENCING – multiple offences – knowingly take part in the supply of a prohibited drug – supply prohibited drug – involvement and circumstances distinguished from co-offenders – guilty plea – criminal history does not entitle offender to leniency – special circumstances
Legislation Cited: Drug Misuse and Trafficking Act 1985 (NSW)
Cases Cited: R v Henry (1999) 46 NSWLR 346
Wat v R [2017] NSWCCA 62
Texts Cited: None
Category:Sentence
Parties:

Regina (Crown)

  William Vaitaiki (Offender)
Representation:

Ms Anderson (Crown)

  Ms Alderton (Counsel for the offender)
File Number(s): 2016/373141

Judgment

  1. William Luke Vaitaiki was born in August 1983 and appears for sentence having pleaded guilty to one count of knowingly take part in supply of prohibited drug being 54 grams of methylamphetamine and another of supply 30.65 grams of methylamphetamine under s 25(1) of the Drug Misuse and Trafficking Act 1985 (NSW) which both carry maximum penalties of 15 years’ imprisonment with no standard non-parole period.

  2. He was loosely associated with two Vietnamese gentlemen, Johnny Ly and Thai Nguyen, who I have previously sentence but their roles, the backgrounds and subjective circumstances in these cases are so disparate as to make questions of parity of little relevance. Ms Alderton of counsel for Mr Vaitaiki, has correctly pointed to the numerous differentiating factors which mean that the sentence of eight years with a five year non-parole period that I imposed on Mr Nguyen as against the intensive corrections order of two years that Mr Ly received recently in the light of his very significant rehabilitation are of little relevance to this sentencing exercise.

  3. Mr Nguyen, of course, was someone whose drug dealing was of such significance that a police strike force was established in April 2016, to investigate the supply of methyamphetamine and it was into that circle Mr Vaitaiki was drawn. In May 2016, he was utilising a mobile phone service in a fictitious name. A listening device captured conversations between Nguyen and Vaitaiki and there were six transactions identified where Vaitaiki supplied or intended to supply methyamphetamine. The details are set out in the agreed facts and need not be repeated here.

  4. The second count relates to activities in September 2016 when Johnny Ly’s motorcycle broke down and, because he was unable to deliver some material to Nguyen, Vaitaiki was arranged as the delivery man. Vaitaiki was not arrested until July 2017. He initially denied his involvement but when he had the telephone intercepts played to him, he declined to make any further comment.

  5. He did say that he was using cannabis and 7 – 8 grams of ice per day despite being unemployed. He said he…

Continue reading R v Vaitaiki

Sign in free to access the full text

Details
AGLC
R v Vaitaiki [2018] NSWDC 462
Case
[2018] NSWDC 462
Decision Date

CaseChat Overview and Summary

The case of R v Vaitaiki involved the defendant, Vaitaiki, who faced sentencing for multiple drug-related offences. Vaitaiki had pleaded guilty to charges involving the supply of a prohibited drug, specifically methamphetamine. The case was heard in the relevant court where sentencing was to be determined. The legal issues before the court included the appropriate sentence for Vaitaiki's involvement in the drug supply chain, the distinction between Vaitaiki's role and that of co-offenders, and whether any special circumstances warranted a departure from the standard sentencing guidelines.

The court considered the nature and extent of Vaitaiki's involvement in the drug supply activities, noting that while he had pleaded guilty, this did not automatically entitle him to leniency. The court examined the totality of the circumstances, including the quantity and type of drugs involved, Vaitaiki's criminal history, and the mitigating factors presented. The court also distinguished Vaitaiki's role from that of his co-offenders, highlighting that his involvement and circumstances were different, which warranted separate consideration. The court concluded that despite the guilty plea, Vaitaiki's criminal history did not entitle him to leniency and that the special circumstances did not warrant a departure from the usual sentencing principles.

The court determined that an aggregate term of imprisonment of 2 years and 3 months was appropriate, with a non-parole period of 1 year and 6 months. This sentence reflected the seriousness of the offences, Vaitaiki's role, and the need to deter future criminal activity. The court's decision was based on a comprehensive assessment of the evidence and legal principles applicable to the case, ensuring that the sentence was both just and proportionate to the crimes committed.

Orders

Orders of the court

Aggregate term of imprisonment of 2 years, 3 months with a non-parole period of 1 year, 6 months: at [17]

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.